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Multilevel Regulation of Military and Security Contractors

The Interplay between International, European and Domestic Norms

Edited by Christine Bakker and Mirko Sossai

Hart Publishing (2012) 

BakkerSossaiThe outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.

 

 

Table of Contents

Christine Bakker and Mirko Sossai: Introduction

 
Part I: General Overview

1. Nigel D White: Regulatory Initiatives at the International Level

2. Guido den Dekker: The Regulatory Context of Private Military and Security

Contractors at the EU Level

3. Marco Gestri: The European Union and Private Military and Security

Contractors: Existing Controls and Legal Bases for Further

Regulation

4. Mirko Sossai and Christine Bakker: The Role of EU External Relations in Ensuring Compliance with Human Rights and Humanitarian Law by Private Contractors

5. Ottavio Quirico: A Comparative Overview of European and Extra-European

National Regulation of Private Military and Security Services


Part II: Existing Regulation and Case Law in EU Member States 123

6. Ieva Miluna: The Baltic States

7. Axelle Reiter:Belgium

8. Petra Ochmannova: Czech Republic

9. Vanessa Capdevielle and Hamza Cherief: France

10. Ralf Evertz: Germany

11. Andrea Atteritano: Italy

12. Guido den Dekker: The Netherlands

13. Joana Abrisketa: Spain

14. Andreas Bergman: Sweden

15. Alexandra Bohm, Kerry Senior and Adam White: The United Kingdom

 
Part III: Options for Regulation: the Experience of Relevant Third States

16. Kristine Huskey and Scott Sullivan: United States: Law and Policy Governing Private Military Contractors after 9/11

17. David Antonyshyn, Jan Grofe and Don Hubert: Canada: Beyond the Law? The Regulation of Private Military and Security Companies Operating Abroad

18. Irene Cabrera and Antoine Perret: Colombia: Regulating Private Military and Security

Companies in a ‘Host State’

19. Yaël Ronen: Israel: Going Private: The Use and Regulation of Private

Military and Security Companies in Situations of Armed Conflict

20. Signe Zaharova: Russian Federation: Regulatory Tools Regarding Private Entities

Performing Military and Security Services

21. Faustin Z Ntoubandi: South Africa: The Regulatory Context of Private Military and

Security Services

22. Tim McCormack and Rain Liivoja: Australia: Regulating Private Military and Security

Companies

 
Part IV: Challenges to the Regulation of Private Military and Security Companies

23. Ieva Miluna: Jurisdictional Competence and Applicable Criminal Law with

Regard to Private Military and Security Companies

24. Stefano Manacorda and Triestino Mariniello: Military Criminal Justice and Jurisdiction over Civilians: The First Lessons from Strasbourg

25. Giuseppe Melis and Alessio Persiani: The Regulation of Private Military and Security Companies: Tax Aspects

Annex: Priv-War Recommendations for EU Regulatory Action in the Field of Private Military and Security Companies and their Services 607

Index


 

 

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