The role of human rights in the regulation of private military and security companies general report – the European system

Abstract

This report assesses the impact of the activities carried out by PMSCs on the enjoyment of human rights under the EU human rights regime. It is submitted that that the state of nationality of a PMSC is bound to remedy the latter’s violations of fundamental rights, even if the operation and the major activities of the PMSC in question fall outside the scope of EU’s competence. As to the ECtHR, the historically narrow interpretation of jurisdictional limits may be expanding. Relevance of the EU Charter of Fundamental Rights and EU’s secondary legislation of anti-discrimination in protecting the victims of human rights violations is questioned primarily because of the scope of the respective provisions and the difficulties related to their extra-territorial application. As to the addressees of human rights obligations, it is observed that although the EU’s standard of protection is not uniform in all contexts. Further, where the activities of PMSCs have human rights implications, attribution of their acts to any of the Member States will be almost impossible. By contrast, human rights can be indirectly applicable to private relations, viz. individuals. The EU human rights regime is relevant for the availability of judicial remedies chiefly insofar as it may be hoped that with the entry into force of the Lisbon Treaty way will be paved for an eventual EU legislation imposing an obligation on the Member States with respect to the licensing of PMSCs as well as criminalization of their illegal conduct outside the EU.