The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts PDF Download
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Author: Mohamad Ghazi Janaby
Publisher: Springer
ISBN: 3319422316
Category : Law
Languages : en
Pages : 250
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Book Description
This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law – “mercenary”, “combatant” or “civilian” – be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.
Author: Mohamad Ghazi Janaby
Publisher: Springer
ISBN: 3319422316
Category : Law
Languages : en
Pages : 250
Get Book Here
Book Description
This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law – “mercenary”, “combatant” or “civilian” – be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.
Author: Frauke Lachenmann
Publisher: Oxford University Press
ISBN: 0198784627
Category : Law
Languages : en
Pages : 1473
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Book Description
This volume collects articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, to facilitate easy access to content from the leading reference work in international law.
Author: Simon Bronitt
Publisher: Bloomsbury Publishing
ISBN: 1782250433
Category : Law
Languages : en
Pages : 318
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Book Description
The present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defence and the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder or protecting private property. An important theme is how the domestic and international legal orders intersect and continually influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorise pre-emptive use of force, and how necessity and reasonableness are legally constructed in this context.
Author: Rita Abrahamsen
Publisher: Routledge
ISBN: 1317914333
Category : History
Languages : en
Pages : 296
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Book Description
This new Handbook offers a comprehensive overview of current research on private security and military companies, comprising essays by leading scholars from around the world. The increasing privatization of security across the globe has been the subject of much debate and controversy, inciting fears of private warfare and even the collapse of the state. This volume provides the first comprehensive overview of the range of issues raised by contemporary security privatization, offering both a survey of the numerous roles performed by private actors and an analysis of their implications and effects. Ranging from the mundane to the spectacular, from secretive intelligence gathering and neighbourhood surveillance to piracy control and warfare, this Handbook shows how private actors are involved in both domestic and international security provision and governance. It places this involvement in historical perspective, and demonstrates how the impact of security privatization goes well beyond the security field to influence diverse social, economic and political relationships and institutions. Finally, this volume analyses the evolving regulation of the global private security sector. Seeking to overcome the disciplinary boundaries that have plagued the study of private security, the Handbook promotes an interdisciplinary approach and contains contributions from a range of disciplines, including international relations, politics, criminology, law, sociology, geography and anthropology. This book will be of much interest to students of private security companies, global governance, military studies, security studies and IR in general.
Author: Erika Calazans
Publisher: Cambridge Scholars Publishing
ISBN: 1443893951
Category : Law
Languages : en
Pages : 175
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Book Description
This book’s primary concern is the application of International Humanitarian Law and International Human Rights Law in addressing the business conduct of Private Military and Security Companies (PMSCs) during armed conflicts, as well as state responsibility for human rights violations and current attempts at international regulation. The book discusses four interconnected themes. First, it differentiates private contractors from mercenaries, presenting an historical overview of private violence. Second, it situates PMSCs’ employees under the legal status of civilian or combatant in accordance with the Third and Fourth Geneva Conventions of 1949. It then investigates the existing law on state responsibility and what sort of responsibility companies and their employees can face. Finally, the book explores current developments on regulation within the industry, on national, regional and international levels. These themes are connected by the argument that, in order to find gaps in the existing laws, it is necessary to establish what they are, what law is applicable and what further developments are needed.
Author: Christophe Paulussen
Publisher: Springer Nature
ISBN: 9462653550
Category : Law
Languages : en
Pages : 373
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Book Description
In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters—for example calling for the humanisation of the security discourse—and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics—through further theorisation on the sometimes elusive but important concepts of human dignity and human security—but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even—or in fact: especially—in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.
Author: M. Patterson
Publisher: Springer
ISBN: 0230246885
Category : Law
Languages : en
Pages : 275
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Book Description
The history of United Nations peacekeeping is largely one of failure. This book puts a case for augmenting ad hoc peacekeepers with competent contract labour; and within the constraints of a new legal regime, supporting future operations with well-trained contractors who might subdue by force those who inflict gross human rights abuses on others.
Author: B.S. Chimni
Publisher: Routledge
ISBN: 1134030215
Category : Business & Economics
Languages : en
Pages : 390
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Book Description
Launched in 1991, the Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook normally contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations òf special relevance to Asia; and book review, bibliography and documents sections. It will be of interest to students and academics interested in international law and Asian studies.
Author: Damon Barrett
Publisher: Martinus Nijhoff Publishers
ISBN: 9004216936
Category : Law
Languages : en
Pages : 106
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Book Description
This volume constitutes a commentary on Article 33 of the United Nations Convention on the Rights of the Child.
Author: Lindsey Cameron
Publisher: Cambridge University Press
ISBN: 1107172306
Category : Law
Languages : en
Pages : 433
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Book Description
This book sets out the legal issues surrounding privatized peacekeepers, and asks the essential questions for the debate going forward.
