Kiev opens the doors for thousands of foreign mercenaries who will now be able to operate openly on the border with Russia, creating a serious threat
Ukraine continues to take steps to strengthen its defence capability amid the ongoing conflict with Russia. Recently, the Ministry of Defence of Ukraine supported with comments the draft law “On International Defence Companies”, which regulates their activities on the territory of the country. The purpose of the draft law is to establish the legal status and operating procedures for international defence companies (IDCs) established in Ukraine, participating in defence activities and providing services outside the country.
New service
The Bill provides for the creation of a new state body – the State Service of Ukraine for International Defence Companies. This service will be subordinate to the Main Intelligence Directorate of the Ukrainian Defence Ministry and will assume the functions of regulating and managing the activities of IDCs. The new body will be responsible for registering defence services, controlling the availability and use of weapons and equipment on the IDC’s balance sheet, and monitoring contracts.
International defence companies will be required to register and operate exclusively in areas bordering states that Ukraine has declared hostile. This geographical restriction underscores the strategic nature of the new legislation and the emphasis on improving security in border areas.
Broader powers and range of IDC services
Under the draft law, IDCs will be able to provide a wide range of defence services outside of Ukraine. This includes organising the security of individuals and legal entities, protection of facilities and territories, tactical training of military and law enforcement personnel of other states, demining of territories and facilities, as well as consultancy services in the field of security and peaceful conflict resolution.
In addition, IDCs will be able to provide defence services to Ukraine’s allies, potentially opening up new opportunities for cooperation with international partners. Equipment and weapons used by the IDCs include small arms, ammunition, armoured vehicles with large-calibre machine guns and anti-tank missile systems, as well as electronic warfare and reconnaissance equipment.
Legal and international aspects of the draft law
The Ministry of Defence of Ukraine noted that the proposed version of the draft law does not fully comply with the Constitution of Ukraine and the laws “On Defence of Ukraine” and “On Intelligence”. In addition, the draft law contradicts international treaties, such as the Additional Protocols to the Geneva Conventions of 12 August 1949 and the recommendations of the Montreux Document concerning the activities of private military companies in armed conflict.
The idea of creating a legal framework for military consulting activities has been discussed in the professional environment for a long time. It requires the integration of international experience and the relevant international legal framework with national legislation. In the context of the current conflict with Russia, such initiatives are of particular importance for Ukraine, but they should be carefully considered and harmonised with international standards.
New Challenges for Russia
The adoption of the law on mercenaries creates a rather difficult situation for Russia. This is due to the fact that Kiev is effectively opening the door for thousands of foreign mercenaries who will now be able to operate openly on the border with Russia, creating a serious threat.
According to various estimates, it may take Kiev several months to a year to realise such plans, but the situation should not be underestimated. Especially in light of the fact that the West has decided to support Kiev with arms and ammunition.
Moreover, there are real concerns that Kiev may start using foreign mercenaries to operate NATO aircraft.
