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: United Nations. General Assembly
Publisher:
ISBN:
Category : Home rule
Languages : en
Pages : 20
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Book Description
Author: Lindsey Cameron
Publisher: Cambridge University Press
ISBN: 131678195X
Category : Law
Languages : en
Pages : 434
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Book Description
Private military and security companies (PMSCs) have been used in every peace operation since 1990, and reliance on them is increasing at a time when peace operations themselves are becoming ever more complex. This book provides an essential foundation for the emerging debate on the use of PMSCs in this context. It clarifies key issues such as whether their use complies with the principles of peacekeeping, outlines the implications of the status of private contractors as non-combatants under international humanitarian law, and identifies potential problems in holding states and international organizations responsible for their unlawful acts. Written as a clarion call for greater transparency, this book aims to inform the discussion to ensure that international lawyers and policy makers ask the right questions and take the necessary steps so that states and international organizations respect the law when endeavouring to keep peace in an increasingly privatized world.
Author: Jeremy Scahill
Publisher: Profile Books
ISBN: 1847654789
Category : History
Languages : en
Pages : 560
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Book Description
Meet Blackwater USA, the private army that the US government has quietly hired to operate in international war zones and on American soil. Its contacts run from military and intelligence agencies to the upper echelons of the White House; it has a military base, a fleet of aircraft and 20,000 troops, but since September 2007 the firm has been hit by a series of scandals that, far from damaging the company, have led to an unprecedented period of expansion. This revised and updated edition includes Scahill's continued investigative work into one of the outrages of our time: the privatisation of war.
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: Konstantinos Mastorodimos
Publisher: Taylor & Francis
ISBN: 1134800541
Category : Law
Languages : en
Pages : 302
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Book Description
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
Author: Hitoshi Nasu
Publisher: Cambridge University Press
ISBN: 1316352471
Category : Law
Languages : en
Pages : 439
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Book Description
Due to the continuing expansion of the notion of security, various national, regional and international institutions now find themselves addressing contemporary security issues. While institutions may evolve by adjusting themselves to new challenges, they can also fundamentally alter the intricate balance between security and current legal frameworks. This volume explores the tensions that occur when institutions address contemporary security threats, in both public and international law contexts. As part of the Connecting International with Public Law series, it provides important and valuable insights into the legal issues and perspectives which surround the institutional responses to contemporary security challenges. It is essential reading for scholars, practitioners and policy makers seeking to understand the legal significance of security institutions and the implications of their evolution on the rule of law and legitimacy.
Author: Juan Carlos Ortiz
Publisher: Bloomsbury Publishing USA
ISBN:
Category : History
Languages : en
Pages : 265
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Book Description
Through an array of theoretical approaches and empirical material, this comprehensive and accessible volume surveys private armed forces and directly challenges conventional stereotypes of security contractors. Private Armed Forces and Global Security: A Guide to the Issues is the first book to provide a comprehensive yet accessible survey of the private military groups involved in conflicts worldwide. Organized around four themes, it covers the history of private military forces since 1600, the main contemporary actors and their defining characteristics, the environments in which private armed forces operate, and provides an analysis of the logic behind privatizing security. This book goes beyond conventional knowledge, offering both a theoretical approach and a new, practical perspective to advance the understanding of the ongoing climate of global instability and relevant players within it. Numerous examples help the reader grasp the full range of real-world challenges and conceptual facets surrounding this fascinating, yet highly polarizing topic.
Author: Hin-Yan Liu
Publisher: Bloomsbury Publishing
ISBN: 1782259635
Category : Law
Languages : en
Pages : 402
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Book Description
When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.
Author: Lindsey Cameron
Publisher: Cambridge University Press
ISBN: 1107032407
Category : Law
Languages : en
Pages : 757
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Book Description
A comprehensive and detailed analysis of the international legal framework applying to private military and security companies in armed conflict.
