Positive human rights obligations of the hiring state in connection with the provision of coercive services by a private military and security company
Title: Positive human rights obligations of the hiring state in connection with the provision of coercive services by a private military and security company
Author: HOPPE, Carsten
Citation: Francesco FRANCIONI and Natalino RONZITTI (eds), War by contract : human rights, humanitarian law and private contractors, Oxford : Oxford University Press, 2011, pp. 111-129
ISBN: 9780191725180; 9780199604555
This chapter discusses the positive obligations under human rights law of states (contracting states) hiring private military and security companies (PMSCs) in situations of conflict. Based on analysis of the (quasi-)jurisprudence of the Human Rights Committee, the Inter-American Court of Human Rights and the European Court of Human Rights, it is demonstrated that, where violations have already occurred or have been alleged, the duty to investigate, prosecute, and punish obligates states to provide for a structure facilitating the reporting, follow up, and processing through the system of justice of such allegations. These provisions can, for the most part, be extended to the conduct of third persons and thus also to contractors providing coercive services, even where their conduct may not be attributable to the state under the law of state responsibility.
Version: This chapter summarizes research conducted for my PhD dissertation entitled ‘Passing the buck: State Responsibility for the Conduct of Private Military Companies’. Published version of EUI AEL WP 2009/19
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