Institutional responsibility for private military and security contractors

Abstract

This chapter analyses the issue of legal responsibility arising from the trend among international organizations to use the services of private actors within peace operations. It has been argued in the literature that suitably controlled and regulated the use of contractors by the United Nations, European Union, and other organizations would bring significant benefits, not only in terms of cost-savings but also in terms of a removal of institutional dependence on voluntary and often under-equipped contributions from member states. While recognising the benefits to organizations that the greater use of contractors might bring, the chapter is concerned with issues of accountability and access to justice when human rights abuse has been committed by contractors. For the purposes of attribution of wrongful acts and omissions, it considers whether the effective control test is the most appropriate one for private contractors working for organizations or for troops contributing nations involved in institutionally mandated peace operations.