dc.contributor.author | BEAUCILLON, Charlotte | |
dc.contributor.author | FERNANDEZ, Julian | |
dc.contributor.author | RASPAIL, Hélène | |
dc.date.accessioned | 2013-01-22T14:39:53Z | |
dc.date.available | 2013-01-22T14:39:53Z | |
dc.date.issued | 2011 | |
dc.identifier.citation | Francesco FRANCIONI and Natalino RONZITTI (eds), War by Contract: Human Rights, Humanitarian Law and Private Contractors, Oxford, Oxford University Press, 2011, 396-420 | en |
dc.identifier.isbn | 9780199604555 | |
dc.identifier.uri | https://hdl.handle.net/1814/25356 | |
dc.description.abstract | This 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.language.iso | en | en |
dc.relation.uri | http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199604555.001.0001/acprof-9780199604555-chapter-21 | en |
dc.title | State responsibility for conduct of private military companies violating ius ad bellum | en |
dc.type | Contribution to book | en |
dc.identifier.doi | 10.1093/acprof:oso/9780199604555.003.0021 | |
dc.identifier.doi | 10.1093/acprof:oso/9780199604555.001.0001 | |