Duties to prevent, investigate and redress human rights violations by private military and security companies : the role of the host state
Title: Duties to prevent, investigate and redress human rights violations by private military and security companies : the role of the host state
Author: BAKKER, Christine
Citation: Francesco FRANCIONI and Natalino RONZITTI (eds), War by contract : human rights, humanitarian law and private contractors, Oxford : Oxford University Press, 2011, pp. 130-148
ISBN: 9780199604555; 9780191725180
This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them and to prosecute their perpetrators; and to provide reparations to the victims. The lack of institutional capacities often precludes full compliance with these obligations, and military occupation or other forms of effective control by third states may give rise to extra-territorial application of human rights duties. The host state can be held accountable for violation of a positive obligation, when violations occur outside the scope of effective control by a third state, and where the institutional capacities are sufficiently developed to comply with at least some of these duties. The chapter argues that the human rights obligations of the host state must be implemented in a perspective of substantive complementarity with the obligations of the hiring state and the home state.
Initial version: http://hdl.handle.net/1814/12982
Version: Published version of EUI AEL WP 2009/20
Files in this item
There are no files associated with this item.