우크라이나전쟁과 PMCs(민간군사기업)

With the full support of the West, the Ukrainian military succeeded in defending, leaving Russia facing a severe shortage of troops. Although Russia ordered the mobilization to solve this problem, Putin's leadership was greatly affected by rising public dissatisfaction. Accordingly, the Russian government seems to be actively using private military enterprises. It is unclear whether Russia's PMC operation is contractual or voluntary. Therefore, it is not easy to clearly distinguish the legal status of the Russian PMCs. However, the coup led by the Wagner Group led the Russian government to issue a decree to directly control the PMCs, and a new evaluation is needed regarding the legal status of the PMCs, its relationship with the Russian government, and Russia's state responsibility. Before the Presidential Decree and the Ministry of National Defense's Decree were proclaimed, owing to a lack of clear evidence that it forms part of the Russian regular army, as far as the PMC's legal status is concerned is either civilians (armed groups) who took directly participation in hostility or is volunteer corps. On the other hand, after the promulgation of laws concernd, it is evident that command and control relations have established between the Russian government and the PMCs, and as a result, it is operating either as an institution of the Russian government or a part of the Russian military at least by contract. In this case, the Russian PMC will have the privilegy of a combatant when captured. Regarding PMCs acts and Russia's state responsibility, Russia will not have state responsibility because the PMC acts cannot be regarded as an act of the Russian government prior to the promulgation of related laws. However, Russian government would have state responsibility for that she knew the violation of the war law by PMCs but did not take appropriate action. After the promulgation of the Decrees, it would be that the command and control relationship between the Russian military and the PMCs has been formed. Thus Russia will have state responsibility for the PMC's actions.