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dc.contributor.authorBEAUCILLON, Charlotte
dc.contributor.authorFERNANDEZ, Julian
dc.contributor.authorRASPAIL, Hélène
dc.identifier.citationFrancesco FRANCIONI and Natalino RONZITTI (eds), War by Contract: Human Rights, Humanitarian Law and Private Contractors, Oxford, Oxford University Press, 2011, 396-420en
dc.description.abstractThis chapter discusses the circumstances under which states can be held accountable for a breach of the ius ad bellum, when the acts in question were performed by a private military and security company (PMSC). The definition of the ius ad bellum itself is reconsidered as a corpus of norms, including a prohibition of the use of force but also encompassing obligations to prevent this use of force by private actors such as PMSCs. This lato sensu definition may lead to a recognition of state responsibility irrespective of whether or not the acts of private contractors are attributable to the state. It is argued that when a state cannot be held accountable for the violation of ius ad bellum stricto sensu by a PMSC, as a next step in determining state responsibility, respect of the due diligence principle needs to be examined. Moreover, states may have a duty to harmonise their national legal systems in order to prevent ius ad bellum violations by private actors.en
dc.titleState responsibility for conduct of private military companies violating ius ad bellumen
dc.typeContribution to booken

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