War by contract : human rights, humanitarian law, and private contractors
Title: War by contract : human rights, humanitarian law, and private contractors
Publisher: Oxford University Press
Citation: Oxford : Oxford University Press, 2011
ISBN: 9780199604555; 019960455X
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.
Table of Contents:
Introduction / Francesco Francioni and Natalino Ronzitti. -- I. Security and policy perspectives. -- 1. Policy prospects for regulating private miitary and security companies / Eugenio Cusumano. -- 2. The use of private contractors in the fight against piracy : policy options / Natalino Ronzziti. -- 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 commited 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 PJ 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 stateof 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