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War by Contract

Human Rights, Humanitarian Law, and Private Contractors

Edited by Francesco Francioni and Natalino Ronzitti

 

warbycontractThe growth in scope and importance of the private military and security industry in the past decade has challenged the role of the state as the main provider of defence and security functions. At the same time it has put under stress the state's authority to properly oversee the conduct of private contractors and has raised the question of whether existing rules of domestic law and international law are adequate to ensure their accountability in the event of abuse. This book addresses this question through the lens of international human rights law and international humanitarian law. It presents a systematic analysis of the way in which these two bodies of international law, applicable in times of peace and in the event of armed conflict, may be interpreted and implemented in a way so as to fill possible accountability gaps.

 

Human rights and humanitarian law obligations are analysed from the point of view of their applicability to the states involved, to international organisations, and to the companies and their individual employees. Victims' access to civil remedies and the criminal prosecution of private contractors, as well as new policy issues, such as the use of private contractors in the fight against piracy, are also covered in the book.

 

Table of Contents


Security and Policy Perspectives

1: Eugenio Cusumano: Policy Prospects for Regulating Private Military and Security Companies

2: Natalino Ronzitti: The Use of Private Contractors in the Fight against Piracy: Policy Options

Human Rights

3: Federico Lenzerini and Francesco Francioni: The Role of Human Rights in the Regulation of Private Military and Security Companies

4: Ieva Kalnina and Ugis Zeltins: The Impact of the EU Human Rights System on Operations of Private Military and Security Companies

5: Francesco Francioni: The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors

6: Carsten Hoppe: Positive Human Rights Obligations of the Hiring State in Connection with the Provision of Coercive Services by a Private Military And Security Company

7: Christine Bakker: Duties to Prevent, Investigate and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

8: Giulia Pinzauti: Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights

9: Guido Den Dekker and Eric Myjer: The Right to Life and Self-Defence of Private Military and Security Contractors in Armed Conflict

International Humanitarian Law

10: Mirko Sossai: Status of Private Military and Security Company Personnel in the Law of International Armed Conflicts

11: Giulio Bartolini: Private Military Companies as "Persons who Accompany the Armed Forces"

12: Luisa Vierucci: Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues

13: Christine Bakker and Susanna Greijer: Children's Rights: The Potential Impact of Private Military and Security Companies

14: Ana Filipa Vrdoljak: Women and Private Military and Security Companies

15: Valentina Falco: Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law

16: Marina Mancini, Faustin Ntoubandi and Thilo Marauhn: Old Concepts and New Challenges: Are Private Contractors the Mercenaries of the 21st Century?

Accountability and Responsibility of Private Contractors

17: Sorcha MacLeod: The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account

18: Carsten Hoppe, Ottavio Quirico: Codes of Conduct for Private Military and Security Companies: The State of Self-regulation in the Industry

19: Nigel White: Institutional Responsibility for Private Military and Security Contractors

20: Charlotte Beaucillon, Julian Fernandez and Hélène Raspail: State Responsibility for Conduct of PMSC Violating Ius ad Bellum

Criminal and Civil Liability of Private Military and Security Companies and their Employees

21: Ottavio Quirico: The Criminal Responsibility of PMSC Personnel under International Humanitarian Law

22: Micaela Frulli: Immunity for Private Contractors: Legal Hurdles or Political Snags?

23: Andrea Atteritano: Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law

 

Page last updated on 06 September 2019