Privatizing War: Private Military and Security Companies Under Public International Law
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.
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The limits on the right to resort to PMSCs
The international responsibility of states and its relevance for PMSCs
The legal means through which PMSCs are bound by IHL
The legal rules applicable to PMSCs and their personnel
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activities acts Alien Tort Statute applicable armed forces armed group Article attack beneﬁt civilians Code of Conduct combatant status Commentary Commission considered contract contractors Court crimes customary international law deﬁned deﬁnition delegation difﬁcult droit international due diligence ECHR elements of governmental employees ensure entity exercise F 3d F Supp 2d ﬁrst functions GC III GC IV Geneva Conventions governmental authority Hague Ibid ICRC IHRL individuals international armed conﬂicts International Criminal Court international criminal law International Humanitarian Law Interpretive Guidance Intl Iraq jurisdiction law enforcement mercenaries Military and Security Montreux Document non-international armed conﬂicts obligations ofﬁcers ofﬁcial organs paras participation in hostilities party peace operations persons PMSC personnel PMSCs principle Private Military Companies prohibition Prosecutor protection regulation reparation respect Rome Statute rules Security Council self-defence speciﬁc state’s sufﬁcient territory treaty tribunal unlawful violations of IHL war crimes