The Legal Regime Applicable To Private Military And Security Company Personnel In Armed Conflicts

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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 : 237 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 237 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 : 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 : 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.

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?

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

Author : Helena Torroja
Publisher : Springer
ISBN 13 : 3319660985
Total Pages : 158 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 158 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.

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.

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.

Outsorcing of Security to private Military Contractors: State Responsibilities

Author : Nicholas Sunday
Publisher : GRIN Verlag
ISBN 13 : 3656377529
Total Pages : 79 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 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) 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.

War by Contract

Author : Francesco Francioni
Publisher :
ISBN 13 : 9780191725180
Total Pages : 532 pages
Book Rating : 4.7/5 (251 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 . This book was released on 2011 with total page 532 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 : 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.

Private Military and Security Companies

Author : Andrew Alexandra
Publisher : Routledge
ISBN 13 : 1134081871
Total Pages : 289 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 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited book provides an interdisciplinary, state-of-the-art overview of the growing phenomenon of private military companies.

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.

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 Security Contractors in Iraq and Afghanistan

Author : Jennifer K. Elsea
Publisher : DIANE Publishing
ISBN 13 : 1437927068
Total Pages : 32 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Private Security Contractors in Iraq and Afghanistan by : Jennifer K. Elsea

Download or read book Private Security Contractors in Iraq and Afghanistan written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010-10 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of private security contractors (PSCs) to protect personnel and property in Iraq and Afghanistan has been a subject of debate. While PSCs are viewed as being vital to U.S. efforts in the region, many are concerned about transparency, accountability, and legal issues raised by the use of armed civilians to perform security tasks formerly performed by the mil. Contents of this report: Legal Status and Authorities: (a) Internat. Law: Can Contractors be Combatants?; Are They Mercenaries?; (b) Iraqi Law, and Afghan Law, and Status of U.S. Forces; (c) U.S. Law; ¿Inherently Gov¿t. Functions¿ and Other Restrictions on Gov¿t. Contracts; Prosecution of Contractor Personnel in U.S. Fed. or Mil. Courts; Uniform Code of Mil. Justice.

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.

Private Security, Public Order: The Outsourcing of Public Services and Its Limits

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: The Outsourcing of Public Services and Its Limits by : Simon Chesterman

Download or read book Private Security, Public Order: The Outsourcing of Public Services and Its Limits 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.