State Control Over Private Military And Security Companies In Armed Conflict

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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.

From Mercenaries to Market

Author : Simon Chesterman
Publisher : Oxford University Press
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. 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. This work analyzes the current legal framework and the needs and possibilities for regulation in the years ahead, 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 Contractors

Author : Jr. Schaub, Gary
Publisher : Rowman & Littlefield
ISBN 13 : 1442260238
Total Pages : 440 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Private Military and Security Contractors by : Jr. Schaub, Gary

Download or read book Private Military and Security Contractors written by Jr. Schaub, Gary and published by Rowman & Littlefield. This book was released on 2016-06-16 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A multinational team of scholars and experts address the issue of controlling the use of privatized forces by states. They address the role of contract employees, their acceptance by military personnel, and possible tensions between them.

Private Military and Security Companies

Author : Andrew Alexandra
Publisher : Routledge
ISBN 13 : 1134081863
Total Pages : 311 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Private Military and Security Companies by : Andrew Alexandra

Download or read book Private Military and Security Companies written by Andrew Alexandra and published by Routledge. This book was released on 2009-10-16 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past twenty years, Private Military and Security Companies (PMSCs) have become significant elements of national security arrangements, assuming many of the functions that have traditionally been undertaken by state armies. Given the centrality of control over the use of coercive force to the functioning and identity of the modern state, and to international order, these developments clearly are of great practical and conceptual interest. This edited volume provides an interdisciplinary overview of PMSCs: what they are, why they have emerged in their current form, how they operate, their current and likely future military, political, social and economic impact, and the moral and legal constraints that do and should apply to their operation. The book focuses firstly upon normative issues raised by the development of PMSCs, and then upon state regulation and policy towards PMSCs, examining finally the impact of PMSCs on civil-military relations. It takes an innovative approach, bringing theory and empirical research into mutually illuminating contact. Includes contributions from experts in IR, political theory, international and corporate law, and economics, and also breaks important new ground by including philosophical discussions of PMSCs.

Privatizing War

Author : Lindsey Cameron
Publisher : Cambridge University Press
ISBN 13 : 1107328683
Total Pages : 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 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.

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.

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 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.

Outsorcing of Security to private Military Contractors: State Responsibilities

Author : Nicholas Sunday
Publisher : GRIN Verlag
ISBN 13 : 3656377529
Total Pages : 76 pages
Book Rating : 4.6/5 (563 download)

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Book Synopsis Outsorcing of Security to private Military Contractors: State Responsibilities by : Nicholas Sunday

Download or read book Outsorcing of Security to private Military Contractors: State Responsibilities written by Nicholas Sunday and published by GRIN Verlag. This book was released on 2013-02-25 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research paper from the year 2012 in the subject Law - Miscellaneous, grade: A, , course: LLM INTERNATIONAL LAW, language: English, abstract: The monopoly of the use of force granted to modern States by its citizens is a relatively new phenomenon. Private armies have been operating in European States till the XIX century. The use of mercenaries has been historically a constant phenomenon till almost the end of the XX century, when their activities were criminalized by the international community. Parallel to that phenomenon during the European colonial expansion over all continents, governments had authorized two other forms of similar violence by non-state actors: the corsairs and the colonial merchant companies.

Private Security Contractors and New Wars

Author : Kateri Carmola
Publisher : Routledge
ISBN 13 : 1135153280
Total Pages : 202 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Private Security Contractors and New Wars by : Kateri Carmola

Download or read book Private Security Contractors and New Wars written by Kateri Carmola and published by Routledge. This book was released on 2010-02-05 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the ambiguities of the growing use of private security contractors and provides guidance as to how our expectations about regulating this expanding ‘service’ industry will have to be adjusted. In the warzones of Iraq and Afghanistan many of those who carry weapons are not legally combatants, nor are they protected civilians. They are contracted by governments, businesses, and NGOs to provide armed security. Often mistaken as members of armed forces, they are instead part of a new protean proxy force that works alongside the military in a multitude of shifting roles, and overseen by a matrix of contracts and regulations. This book analyzes the growing industry of these private military and security companies (PMSCs) used in warzones and other high risk areas. PMSCs are the result of a unique combination of circumstances, including a change in the idea of soldiering, insurance industry analyses that require security contractors, and a need for governments to distance themselves from potentially criminal conduct. The book argues that PMSCs are a unique type of organization, combining attributes from worlds of the military, business, and humanitarian organizations. This makes them particularly resistant to oversight. The legal status of these companies and those they employ is also hard to ascertain, which weakens the multiple regulatory tools available. PMSCs also fall between the cracks in ethical debates about their use, seeming to be both justifiable and objectionable. This transformation in military operations is a seemingly irreversible product of more general changes in the relationship between the individual citizen and the state. This book will be of much interest to students of private security companies, war and conflict studies, security studies and IR in general. Kateri Carmola is the Christian A. Johnson Professor of Political Science at Middlebury College in Vermont. She received her Ph.D. from the University of California, Berkeley.

Regulating Private Military Companies

Author : Katerina Galai
Publisher : Routledge
ISBN 13 : 0429879962
Total Pages : 210 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Regulating Private Military Companies by : Katerina Galai

Download or read book Regulating Private Military Companies written by Katerina Galai and published by Routledge. This book was released on 2019-03-25 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a ‘shared governance'. It reflects states’ reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.

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]

States, Citizens and the Privatisation of Security

Author : Elke Krahmann
Publisher : Cambridge University Press
ISBN 13 : 1139483684
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis States, Citizens and the Privatisation of Security by : Elke Krahmann

Download or read book States, Citizens and the Privatisation of Security written by Elke Krahmann and published by Cambridge University Press. This book was released on 2010-02-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a growing role for private military contractors in national and international security. To understand the reasons for this, Elke Krahmann examines changing models of the state, the citizen and the soldier in the UK, the US and Germany. She focuses on both the national differences with regard to the outsourcing of military services to private companies and their specific consequences for the democratic control over the legitimate use of armed force. Tracing developments and debates from the late eighteenth century to the present, she explains the transition from the centralized warfare state of the Cold War era to the privatized and fragmented security governance, and the different national attitudes to the privatization of force.

Private Military and Security Companies

Author : Thomas Jäger
Publisher : Springer Science & Business Media
ISBN 13 : 3531903136
Total Pages : 494 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 494 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.

The Privatized Art of War

Author : Evgeni Moyakine
Publisher :
ISBN 13 : 9781780685632
Total Pages : 477 pages
Book Rating : 4.6/5 (856 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 2014 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: General introduction -- Privitization of war and security : war is business and vice versa -- Existing legal framework of PMSC operation -- Legal status of PMSC employees -- State responsibility under the draft articles on state responsibility -- State responsibility for non-compliance with positive international law obligations -- Summary, overall conclusions, and final observations

Mercenaries and War

Author : National Defense University Press
Publisher :
ISBN 13 : 9781678665234
Total Pages : 56 pages
Book Rating : 4.6/5 (652 download)

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Book Synopsis Mercenaries and War by : National Defense University Press

Download or read book Mercenaries and War written by National Defense University Press and published by . This book was released on 2019-12-18 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mercenaries are more powerful than experts realize, a grave oversight. Those who assume they are cheap imitations of national armed forces invite disaster because for-profit warriors are a wholly different genus and species of fighter. Private military companies such as the Wagner Group are more like heavily armed multinational corporations than the Marine Corps. Their employees are recruited from different countries, and profitability is everything. Patriotism is unimportant, and sometimes a liability. Unsurprisingly, mercenaries do not fight conventionally, and traditional war strategies used against them may backfire.

State and Societal Challenges in the Horn of Africa

Author : Alexandra Magnólia Dias
Publisher : Centro de Estudos Internacionais
ISBN 13 : 9898862475
Total Pages : 170 pages
Book Rating : 4.8/5 (988 download)

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Book Synopsis State and Societal Challenges in the Horn of Africa by : Alexandra Magnólia Dias

Download or read book State and Societal Challenges in the Horn of Africa written by Alexandra Magnólia Dias and published by Centro de Estudos Internacionais. This book was released on 2017-08-04 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings to fruition the research done during the CEA-ISCTE project ‘’Monitoring Conflicts in the Horn of Africa’’, reference PTDC/AFR/100460/2008. The Portuguese Foundation for Science and Technology (FCT) provided funding for this project. The chapters are based on first-hand data collected through fieldwork in the region’s countries between 4 January 2010 and 3 June 2013. The project’s team members and consultants debated their final research findings in a one-day Conference at ISCTE-IUL on 29 April 2013. The following authors contributed to the project’s final publication: Alexandra M. Dias, Alexandre de Sousa Carvalho, Aleksi Ylönen, Ana Elisa Cascão, Elsa González Aimé, Manuel João Ramos, Patrick Ferras, Pedro Barge Cunha and Ricardo Real P. Sousa.