War by Contract. Human Rights, Humanitarian Law, and Private Contractors

The 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.

Details: 
Oxford, Oxford University Press, 2011, xxxix, 532 p.
ISBN/ISSN/DOI: 
978-0-19-960455-5
Publication date: 
13/01/2011

Table of Cases
Table of Treaties, Legislation, and Other International Instruments
Table of Reports and Other Documents
List of Abbreviations
List of Contributors
Introduction, Francesco Francioni and Natalino Ronzitti

I. Security and Policy Perspectives
1. Policy Prospects for Regulating Private Military and Security Companies, Eugenio Cusumano
2. The Use of Private Contractors in the Fight against Piracy: Policy Options, Natalino Ronzitti

II. Human Rights
3. The Role of Human Rights in the Regulation of Private Military and Security Companies, Federico Lenzerini and Francesco Francioni
4. The Impact of the EU Human Rights System on Operations of Private Military and Security Companies, Ieva Kalnina and Ugis Zeltins
5. The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors, Francesco Francioni
6. Positive Human Rights Obligations of the Hiring State in Connection with the Provision of ‘Coercive Services’ by a Private Military or Security Company, Carsten Hoppe
7. Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State, Christine Bakker
8. Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights, Giulia Pinzauti
9. The Right to Life and Self-defence of Private Military and Security Contractors in Armed Conflict, Guido den Dekker and Eric P.J. Myjer

III. International Humanitarian Law
10. Status of Private Military and Security Company Personnel in the Law of International Armed Conflict, Mirko Sossai
11. Private Military and Security Contractors as ‘Persons who Accompany the Armed Forces’, Giulio Bartolini
12. Private Military and Security Companies in Non-international Armed Conflicts: Ius ad Bellum and Ius in Bello Issues, Luisa Vierucci
13. Children’s Rights: The Potential Impact of Private Military and Security Companies, Christine Bakker and Susanna Greijer
14. Women and Private Military and Security Companies, Ana Filipa Vrdoljak
15. Private Military and Security Companies and the EU’s Crisis Management: Perspectives under Human Rights and International Humanitarian Law, Valentina Falco
16. Old Concepts and New Challenges: Are Private Contractors the Mercenaries of the Twenty-first Century?, Marina Mancini, Faustin Z. Ntoubandi, and Thilo Marauhn

IV. Accountability and Responsibility of Private Contractors
17. The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account, Sorcha MacLeod
18. Codes of Conduct for Private Military and Security Companies: The State of Self-regulation in the Industry, Carsten Hoppe and Ottavio Quirico
19. Institutional Responsibility for Private Military and Security Companies, Nigel D. White
20. State Responsibility for Conduct of Private Military and Security Companies Violating Ius ad Bellum, Charlotte Beaucillon, Julian Fernandez, and Hélène Raspail

V. Criminal and Civil Liability of Private Military and Security Companies and their Employees
21. The Criminal Responsibility of Private Military and Security Company Personnel under International Humanitarian Law, Ottavio Quirico
22. Immunity for Private Military Contractors: Legal Hurdles or Political Snags?, Micaela Frulli
23. Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law, Andrea Atteritano

Bibliography
Index

Research area

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