Type: Working Paper
Litigating Abuses Committed by Private Military Companies
Working Paper, EUI AEL, 2009/05, PRIV-WAR Project
RYNGAERT, Cedric, Litigating Abuses Committed by Private Military Companies, EUI AEL, 2009/05, PRIV-WAR Project - http://hdl.handle.net/1814/11406
Retrieved from Cadmus, EUI Research Repository
One of the main tools for 'socializing' private military contractors (PMCs) is litigation. The threat of litigation may encourage contractors to set up their own corporate social responsibility and accountability mechanisms with a view to preventing them being hauled before courts. The article identifies the jurisdictional opportunities and pitfalls of criminal (public law) and civil/tort (private law) litigation against PMCs in domestic courts. The focus lies on litigation for human rights abuses, with special emphasis on US proceedings, the US being the home and hiring state of the majority of PMCs active in overseas conflict zones. It is argued that, because the chances of success of tort litigation are, in fact, rather limited in the US, given the many procedural obstacles, the criminal law avenue may prove to be more promising, if at least prosecutors show more leadership in bringing cases. Also at a deeper accountability level, criminal litigation may be preferable on the ground that criminal punishment sends a stronger accountability and deterrence signal than a mere money judgment.
Cadmus permanent link: http://hdl.handle.net/1814/11406
External link: www.priv-war.eu
Series/Number: EUI AEL; 2009/05; PRIV-WAR Project
Keyword(s): Law Regulation Human Rights Security Accountability Socialisation Civil-military Relations
Sponsorship and Funder information:
The ‘Regulating Privatisation of “War”: The Role of the EU in Assuring the Compliance with International Humanitarian Law and Human Rights” (PRIV-WAR) project is funded by the European Community’s 7th Framework Programme under grant agreement no. 217405.