Profiteers of Misery

Abstract

Since its hailing as the ‘supreme international crime’ during the Nuremberg Trials, aggression has largely been neglected relative to other core international crimes. However, the escalation of the Russo-Ukrainian War starting in early 2022 is being held as an opportunity to breathe new life into this de facto dormant norm. This article seeks to address novel concerns as to the scope of liability permitted by the crime of aggression, which arise from Russia’s enthusiastic use of private military and security companies (PMSCs) in this conflict. It first overviews the relevant terminology applicable to the use of private armed personnel. It then asserts the value of pursuing accountability for both aggression and PMSCs. The article continues by evaluating the requirements of aggression’s ‘leadership element’, which seeks to restrict liability to high-level leaders. As an illustrative case study, it applies this to the Wagner Group’s military operations in Ukraine. This article confirms that senior corporate officers of PMSCs may, in principle, satisfy the leadership requirement of aggression, opening up the door for their liability and urging closer scrutiny of such matters.