Public International Law And Human Rights Violations By Private Military And Security Companies

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Public International Law and Human Rights Violations by Private Military and Security Companies

Author : Helena Torroja
Publisher : Springer
ISBN 13 : 3319660985
Total Pages : 161 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Public International Law and Human Rights Violations by Private Military and Security Companies by : Helena Torroja

Download or read book Public International Law and Human Rights Violations by Private Military and Security Companies written by Helena Torroja and published by Springer. This book was released on 2017-11-23 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the human rights consequences of the new mercenarism, as channeled through so-called private military and security companies (PMSCs), and offers an overview of the evolution and status quo of both non-legal (soft law and self-regulation) and legal initiatives seeking to limit them. It addresses various topics, including the impact of the presence of non-state actors on human security using the cases of Afghanistan and Syria; research on PMSCs’ impact on human rights in specific cases; the insufficiency and ineffectiveness of existing direct and indirect legal prohibitions on the use of mercenaries; various aspects of international human rights law and international humanitarian law related to the conduct of PMSCs; soft-law and self-regulation mechanisms; and the international minimum standard in general international law regarding the privatization, export, import, and contracting of PMSCs.

Privatizing War

Author : Lindsey Cameron
Publisher : Cambridge University Press
ISBN 13 : 1107328683
Total Pages : 757 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Privatizing War by : Lindsey Cameron

Download or read book Privatizing War written by Lindsey Cameron and published by Cambridge University Press. This book was released on 2013-03-07 with total page 757 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.

The Emergence of Private Military Firms and Their Impact on Global Human Rights

Author : Tanay Nandi
Publisher : GRIN Verlag
ISBN 13 : 3640613686
Total Pages : 29 pages
Book Rating : 4.6/5 (46 download)

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Book Synopsis The Emergence of Private Military Firms and Their Impact on Global Human Rights by : Tanay Nandi

Download or read book The Emergence of Private Military Firms and Their Impact on Global Human Rights written by Tanay Nandi and published by GRIN Verlag. This book was released on 2010 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2010 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, National Law University, course: BSc LLB (Hons.), language: English, abstract: International law has generally been considered by the students of law as a subject with little practical relevance. However, the importance of international law in legal practice is increasingly being recognized in recent years. This may, in great measure, be attributed to the impact of globalization. Great strides in the field of commerce, technology and communication make one doubt whether transnational boundaries are going to disappear. Environmental concerns and human rights issues really transcend state borders and assume global dimensions. International law and international institutions have to play a dynamic role in response to the new challenges. In current situation, the study of international law can no more remain uninspiring. Arising out of the dying embers of the Cold War, private military firms (PMFs) market their military force and skills primarily to decolonialized States, countries overrun with domestic conflict and unable to provide effectively for their own security needs. As a result, PMFs amass unchecked power to affect conflict resolution, world economic stability, and geo-strategic negotiations. Indeed, as corporations become larger--both economically and politically--corporate managers increasingly engage in decision-making traditionally exercised by politicians. The decentralization of international security from state-organized militaries not only threatens the traditional Westphalian model of state-monopolized force, but also accentuates the inability of international law to hold private actors accountable for their unchecked violation of basic human rights in conflict ridden regions.

Private Security, Public Order

Author : Simon Chesterman
Publisher : OUP Oxford
ISBN 13 : 0191610275
Total Pages : 272 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Private Security, Public Order by : Simon Chesterman

Download or read book Private Security, Public Order written by Simon Chesterman and published by OUP Oxford. This book was released on 2009-11-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private actors are increasingly taking on roles traditionally arrogated to the state. Both in the industrialized North and the developing South, functions essential to external and internal security and to the satisfaction of basic human needs are routinely contracted out to non-state agents. In the area of privatization of security functions, attention by academics and policy makers tends to focus on the activities of private military and security companies, especially in the context of armed conflicts, and their impact on human rights and post-conflict stability and reconstruction. The first edited volume emerging from New York University School of Law's Institute for International Justice project on private military and security companies, From Mercenaries to Market: The Rise and Regulation of Private Military Companies broadened this debate to situate the private military phenomenon in the context of moves towards the regulation of activities through market and non-market mechanisms. Where that first volume looked at the emerging market for use of force, this second volume looks at the transformations in the nature of state authority. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, the book examines private military and security companies through the wider lens of private actors performing public functions. In the past two decades, the responsibilities delegated to such actors - especially but not only in the United States - have grown exponentially. The central question of this volume is whether there should be any limits on government capacity to outsource traditionally "public" functions. Can and should a government put out to private tender the fulfilment of military, intelligence, and prison services? Can and should it transfer control of utilities essential to life, such as the supply of water? This discussion incorporates numerous perspectives on regulatory and governance issues in the private provision of public functions, but focuses primarily on private actors offering services that impact the fundamental rights of the affected population.

Private Military and Security Companies (PMSCs) and the Quest for Accountability

Author : George Andreopoulos
Publisher : Routledge
ISBN 13 : 1000022536
Total Pages : 224 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Private Military and Security Companies (PMSCs) and the Quest for Accountability by : George Andreopoulos

Download or read book Private Military and Security Companies (PMSCs) and the Quest for Accountability written by George Andreopoulos and published by Routledge. This book was released on 2019-03-18 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Military and Security Companies (PMSCs) have constituted a perennial feature of the security landscape. Yet, it is their involvement in and conduct during the ongoing wars in Iraq and Afghanistan that have transformed the outsourcing of security services into such a pressing public policy and world-order issue. The PMSCs’ ubiquitous presence in armed conflict situations, as well as in post-conflict reconstruction, their diverse list of clients (governments in the developed and developing world, non-state armed groups, intergovernmental and non-governmental organizations, and international corporations) and, in the context of armed conflict situations, involvement in instances of gross misconduct, have raised serious accountability issues. The prominence of PMSCs in conflict zones has generated critical questions concerning the very concept of security and the role of private force, a rethinking of "essential governmental functions," a rearticulation of the distinction between public/private and global/local in the context of the creation of new forms of "security governance," and a consideration of the relevance, as well as limitations, of existing regulatory frameworks that include domestic and international law (in particular international human rights law and international humanitarian law). This book critically examines the growing role of PMSCs in conflict and post-conflict situations, as part of a broader trend towards the outsourcing of security functions. Particular emphasis is placed on key moral, legal, and political considerations involved in the privatization of such functions, on the impact of outsourcing on security governance, and on the main challenges confronting efforts to hold PMSCs accountable through a combination of formal and informal, domestic as well as international, regulatory mechanisms and processes. It will be of interest to scholars, policymakers, practitioners and advocates for a more transparent and humane security order. This book was published as a special issue of Criminal Justice Ethics.

From Mercenaries to Market

Author : Simon Chesterman
Publisher : Oxford University Press, USA
ISBN 13 : 0199228485
Total Pages : 308 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis From Mercenaries to Market by : Simon Chesterman

Download or read book From Mercenaries to Market written by Simon Chesterman and published by Oxford University Press, USA. This book was released on 2007-07-12 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frequently characterized as either mercenaries in modern guise or the market's response to a security vaccuum, private military companies are commercial firms offering military services ranging from combat and military training and advice to logistical support, and which play an increasingly important role in armed conflicts, UN peace operations, and providing security in unstable states. Executive Outcomes turned around an orphaned conflict in Sierra Leone in the mid-1990s; Military Professional Resources Incorporated (MPRI) was instrumental in shifting the balance of power in the Balkans, enabling the Croatian military to defeat Serb forces and clear the way for the Dayton negotiations; in Iraq, estimates of the number of private contractors on the ground are in the tens of thousands. As they assume more responsibilities in conflict and post-conflict settings, their growing significance raises fundamental questions about their nature, their role in different regions and contexts, and their regulation. This volume examines these issues with a focus on governance, in particular the interaction between regulation and market forces. It analyzes the current legal framework and the needs and possibilities for regulation in the years ahead. The book as a whole is organized around four sets of questions, which are reflected in the four parts of the book. First, why and how is regulation of PMCs now a challenging issue? Secondly, how have problems leading to a call for regulation manifested in different regions and contexts? Third, what regulatory norms and institutions currently exist and how effective are they? And, fourth, what role has the market to play in regulation?

Private Military and Security Companies in International Law

Author : Corinna Seiberth
Publisher :
ISBN 13 : 9781780681825
Total Pages : 0 pages
Book Rating : 4.6/5 (818 download)

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Book Synopsis Private Military and Security Companies in International Law by : Corinna Seiberth

Download or read book Private Military and Security Companies in International Law written by Corinna Seiberth and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many states view Private Military and Security Companies (PMSCs) as crucial to implementing their security policy. However, reoccurring incidents of human rights violations have led the international community, private sector, and civil society to acknowledge the need for more control over the use of PMSCs. Growing state support for The Montreux Document and an ever growing number of signatory companies to the International Code of Conduct for Security Providers (ICoC) show that self-regulation through non-binding norms has shifted to the center of the debate. This book examines the promises and dangers of emerging non-binding PMSC regulation alongside more traditional forms of law-making, such as plans for an international convention on the use of PMSCs. It offers an in-depth analysis of legal and political developments that led to the proliferation of The Montreux Document and the ICoC. Identifying the state side of duties and corporate responsibility as leaving gaps and grey zones in international law, the book analyzes how both instruments address 'the responsibility to protect' and 'the responsibility to respect.' Covering the Private Security Providers' Association's Articles of Association, the most recent developments on the establishment of a PMSC oversight mechanism are included. Finally, the book provides an original theory of how both instruments could become more effective to protect victims against PMSC human rights violations: The Montreux Document, by developing into a form of customary international law, and the standards of the ICoC framework, by developing into more binding normative standards as a form of 'corporate custom.'

War by Contract

Author : Francesco Francioni
Publisher : Oxford University Press, USA
ISBN 13 : 019960455X
Total Pages : 578 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis War by Contract by : Francesco Francioni

Download or read book War by Contract written by Francesco Francioni and published by Oxford University Press, USA. This book was released on 2011-01-13 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.

Private Military and Security Companies

Author : Erika Calazans
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443893951
Total Pages : 175 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Private Military and Security Companies by : Erika Calazans

Download or read book Private Military and Security Companies written by Erika Calazans and published by Cambridge Scholars Publishing. This book was released on 2016-05-11 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book’s primary concern is the application of International Humanitarian Law and International Human Rights Law in addressing the business conduct of Private Military and Security Companies (PMSCs) during armed conflicts, as well as state responsibility for human rights violations and current attempts at international regulation. The book discusses four interconnected themes. First, it differentiates private contractors from mercenaries, presenting an historical overview of private violence. Second, it situates PMSCs’ employees under the legal status of civilian or combatant in accordance with the Third and Fourth Geneva Conventions of 1949. It then investigates the existing law on state responsibility and what sort of responsibility companies and their employees can face. Finally, the book explores current developments on regulation within the industry, on national, regional and international levels. These themes are connected by the argument that, in order to find gaps in the existing laws, it is necessary to establish what they are, what law is applicable and what further developments are needed.

War by Contract

Author : Francesco Francioni
Publisher : OUP Oxford
ISBN 13 : 019960455X
Total Pages : 576 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis War by Contract by : Francesco Francioni

Download or read book War by Contract written by Francesco Francioni and published by OUP Oxford. This book was released on 2011-01-13 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.

The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts

Author : Mohamad Ghazi Janaby
Publisher : Springer
ISBN 13 : 3319422316
Total Pages : 250 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts by : Mohamad Ghazi Janaby

Download or read book The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts written by Mohamad Ghazi Janaby and published by Springer. This book was released on 2016-08-31 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law – “mercenary”, “combatant” or “civilian” – be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.

Private Military and Security Companies

Author : Thomas Jäger
Publisher : Springer Science & Business Media
ISBN 13 : 3531903136
Total Pages : 489 pages
Book Rating : 4.5/5 (319 download)

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Book Synopsis Private Military and Security Companies by : Thomas Jäger

Download or read book Private Military and Security Companies written by Thomas Jäger and published by Springer Science & Business Media. This book was released on 2009-04-23 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Sicherheits- und Militärunternehmen erleben seit den 1990er Jahren einen außerordentlichen Boom und sind derzeit eines der spannendsten Phänomene in den internationalen Beziehungen. Die Palette der von ihnen angebotenen Dienstleistungen ist groß. Sie reichen von logistischer Unterstützung über Aufklärung bis hin zu Kampfeinsätzen. Zu ihren Kunden zählen Regierungen, Wirtschaftsunternehmen, internationale Organisationen, NGOs, humanitäre Organisationen sowie Privatpersonen. Gegenwärtig lässt sich an den Auseinandersetzungen im Irak sowohl die Aktualität wie auch die Brisanz ihres Einsatzes illustrieren, gibt es doch Anzeichen dafür, dass Beschäftigte solcher Unternehmen u.a. in die Folterung von Gefangenen verwickelt sind. Die Beiträge des Sammelbandes aus der Feder nationaler wie internationaler Expertinnen und Experten beschreiben und analysieren verschiedene Typen von privaten Sicherheits- und Militärunternehmens, ihre Dienstleistungen und die Umstände, die ihren Boom befördert haben. Sie diskutieren die Vor- wie auch die Nachteile ihres Einsatzes und beschreiben Instrumente, die die Tätigkeit dieser Unternehmen stärker reglementieren und kontrollieren könnten.

Hired Guns and Human Rights

Author : Kuzi Charamba
Publisher : Edward Elgar Publishing
ISBN 13 : 1839102896
Total Pages : 256 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Hired Guns and Human Rights by : Kuzi Charamba

Download or read book Hired Guns and Human Rights written by Kuzi Charamba and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations.

State Control over Private Military and Security Companies in Armed Conflict

Author : Hannah Tonkin
Publisher : Cambridge University Press
ISBN 13 : 1139499459
Total Pages : 339 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis State Control over Private Military and Security Companies in Armed Conflict by : Hannah Tonkin

Download or read book State Control over Private Military and Security Companies in Armed Conflict written by Hannah Tonkin and published by Cambridge University Press. This book was released on 2011-08-11 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have witnessed the rapid proliferation of private military and security companies (PMSCs) in armed conflicts around the world, with PMSCs participating in, for example, offensive combat, prisoner interrogation and the provision of advice and training. The extensive outsourcing of military and security activities has challenged conventional conceptions of the state as the primary holder of coercive power and raised concerns about the reduction in state control over the use of violence. Hannah Tonkin critically analyses the international obligations on three key states - the hiring state, the home state and the host state of a PMSC - and identifies the circumstances in which PMSC misconduct may give rise to state responsibility. This analysis will facilitate the assessment of state responsibility in cases of PMSC misconduct and set standards to guide states in developing their domestic laws and policies on private security.

Multilevel Regulation of Military and Security Contractors

Author : Christine Bakker
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319009
Total Pages : 430 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Multilevel Regulation of Military and Security Contractors by : Christine Bakker

Download or read book Multilevel Regulation of Military and Security Contractors written by Christine Bakker and published by Bloomsbury Publishing. This book was released on 2012-02-10 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Privatized Art of War

Author : Evgeni Moyakine
Publisher :
ISBN 13 : 9781780682815
Total Pages : 0 pages
Book Rating : 4.6/5 (828 download)

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Book Synopsis The Privatized Art of War by : Evgeni Moyakine

Download or read book The Privatized Art of War written by Evgeni Moyakine and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the modern globalized world, so-called private military and security companies (PMSCs) are employed by a variety of actors in times of both war and peace. They perform a plethora of services for not only international organizations, NGOs, and multinationals, but also various States. It goes without saying that, especially in areas torn apart by armed conflicts, these corporations and their personnel can and sometimes do engage in different types of misconduct that may constitute violations of international law. There are still regulatory gaps in the national and international legal frameworks applicable to PMSCs, and the lines of responsibility often remain unclear. In light of this, State responsibility becomes an important instrument for attaining justice and ensuring respect for international law by private contractors. This book investigates the possibility of applying the doctrine of State responsibility to the employment of PMSCs in areas affected by conflicts and to breaches of international law committed by these companies and their personnel. It examines an array of circumstances in which the unlawful conduct of PMSCs and their staff may be attributed to States under international law and the extent of such attribution. The study further analyzes the application of positive obligations imposed on States and the scope of this application. (Series: School of Human Rights Research - Vol. 67) Subject: International Law, Humanitarian Law, Human Rights Law, Security Studies, Military Studies]

Contracting Out to Private Military and Security Companies

Author : Nikolaos Tzifakis
Publisher : Wilfried Martens Centre for European Studies
ISBN 13 : 2930632186
Total Pages : 78 pages
Book Rating : 4.9/5 (36 download)

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Book Synopsis Contracting Out to Private Military and Security Companies by : Nikolaos Tzifakis

Download or read book Contracting Out to Private Military and Security Companies written by Nikolaos Tzifakis and published by Wilfried Martens Centre for European Studies. This book was released on 2012-04-29 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: PDF can be downloaded for free from: http://martenscentre.eu/publications/contracting-out-private-military-and-security-companies The global trend for contracting out the supply of military and security services is growing. Security is being transformed from a service for the public or common good into a privately provided service. This paper argues that the implications of outsourcing security services to private agencies are neither a positive nor negative phenomenon. However, proper regulation of private military and security services is important. The author recommends that states should determine their 'inherently governmental functions' and keep these functions out of the market's reach.