Multilevel Regulation of Military and Security Contractors: The interplay between international, European and domestic norms
Title: Multilevel Regulation of Military and Security Contractors: The interplay between international, European and domestic norms
Citation: Oxford/Portland, Hart Publishing, 2012, Studies in International Law
Series/Number: [AEL]; [PRIV-WAR]
The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.
Table of Contents:
Introduction 1 Christine Bakker and Mirko Sossai Part I: General Overview 9 1. Regulatory Initiatives at the International Level 11 Nigel D White 2 The Regulatory Context of Private Military and Security Contractors at the EU Level 31 Guido den Dekker 3. The European Union and Private Military and Security Contractors: Existing Controls and Legal Bases for Further Regulation 53 Marco Gestri 4. The Role of EU External Relations in Ensuring Compliance with Human Rights and Humanitarian Law by Private Contractors 79 Mirko Sossai and Christine Bakker 5. A Comparative Overview of European and Extra-European National Regulation of Private Military and Security Services 105 Ottavio Quirico Part II: Existing Regulation and Case Law in EU Member States 123 6. The Baltic States 125 Ieva Miluna 7. Belgium 155 Axelle Reiter 8. Czech Republic 165 Petra Ochmannova 9. France 185 Vanessa Capdevielle and Hamza Cherief 10. Germany 215 Ralf Evertz 11. Italy 233 Andrea Atteritano 12. The Netherlands 253 Guido den Dekker 13. Spain 273 Joana Abrisketa 14. Sweden 293 Andreas Bergman 15. The United Kingdom 309 Alexandra Bohm, Kerry Senior and Adam White Part III: Options for Regulation: the Experience of Relevant Third States 329 16. United States: Law and Policy Governing Private Military Contractors after 9/11 331 Kristine Huskey and Scott Sullivan 17. Canada: Beyond the Law? The Regulation of Private Military and Security Companies Operating Abroad 381 David Antonyshyn, Jan Grofe and Don Hubert 18. Colombia: Regulating Private Military and Security Companies in a ‘Host State’ 411 Irene Cabrera and Antoine Perret 19. Israel: Going Private: The Use and Regulation of Private Military and Security Companies in Situations of Armed Conflict 431 Yaël Ronen 20. Russian Federation: Regulatory Tools Regarding Private Entities Performing Military and Security Services 461 Signe Zaharova 21. South Africa: The Regulatory Context of Private Military and Security Services 487 Faustin Z Ntoubandi 22. Australia: Regulating Private Military and Security Companies 507 Tim McCormack and Rain Liivoja Part IV: Challenges to the Regulation of Private Military and Security Companies 527 23. Jurisdictional Competence and Applicable Criminal Law with Regard to Private Military and Security Companies 529 Ieva Miluna 24. Military Criminal Justice and Jurisdiction over Civilians: The First Lessons from Strasbourg 559 Stefano Manacorda and Triestino Mariniello 25. The Regulation of Private Military and Security Companies: Tax Aspects 583 Giuseppe Melis and Alessio Persiani Annex: Priv-War Recommendations for EU Regulatory Action in the Field of Private Military and Security Companies and their Services 607 Index 621
This volume is one of the final results of the PRIV-WAR Project.