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)
The 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
Page last updated on 17 August 2017