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: 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: 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.
Author: Francesco Francioni
Publisher: Oxford University Press, USA
ISBN: 019960455X
Category : History
Languages : en
Pages : 578
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Book Description
The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.
Author: Hannah Tonkin
Publisher: Cambridge University Press
ISBN: 1139499459
Category : Law
Languages : en
Pages : 339
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Book Description
The past two decades have witnessed the rapid proliferation of private military and security companies (PMSCs) in armed conflicts around the world, with PMSCs participating in, for example, offensive combat, prisoner interrogation and the provision of advice and training. The extensive outsourcing of military and security activities has challenged conventional conceptions of the state as the primary holder of coercive power and raised concerns about the reduction in state control over the use of violence. Hannah Tonkin critically analyses the international obligations on three key states - the hiring state, the home state and the host state of a PMSC - and identifies the circumstances in which PMSC misconduct may give rise to state responsibility. This analysis will facilitate the assessment of state responsibility in cases of PMSC misconduct and set standards to guide states in developing their domestic laws and policies on private security.
Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
ISBN: 0191632236
Category : Law
Languages : en
Pages : 568
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Book Description
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Author: National Defense University Press
Publisher:
ISBN: 9781678665234
Category : Mercenary troops
Languages : en
Pages : 56
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Book Description
Mercenaries are more powerful than experts realize, a grave oversight. Those who assume they are cheap imitations of national armed forces invite disaster because for-profit warriors are a wholly different genus and species of fighter. Private military companies such as the Wagner Group are more like heavily armed multinational corporations than the Marine Corps. Their employees are recruited from different countries, and profitability is everything. Patriotism is unimportant, and sometimes a liability. Unsurprisingly, mercenaries do not fight conventionally, and traditional war strategies used against them may backfire.
Author: Michael Bothe
Publisher: Oxford University Press, USA
ISBN: 0199658803
Category : History
Languages : en
Pages : 767
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Book Description
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
Author: Kateri Carmola
Publisher: Routledge
ISBN: 1135153280
Category : History
Languages : en
Pages : 202
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Book Description
This book addresses the ambiguities of the growing use of private security contractors and provides guidance as to how our expectations about regulating this expanding ‘service’ industry will have to be adjusted. In the warzones of Iraq and Afghanistan many of those who carry weapons are not legally combatants, nor are they protected civilians. They are contracted by governments, businesses, and NGOs to provide armed security. Often mistaken as members of armed forces, they are instead part of a new protean proxy force that works alongside the military in a multitude of shifting roles, and overseen by a matrix of contracts and regulations. This book analyzes the growing industry of these private military and security companies (PMSCs) used in warzones and other high risk areas. PMSCs are the result of a unique combination of circumstances, including a change in the idea of soldiering, insurance industry analyses that require security contractors, and a need for governments to distance themselves from potentially criminal conduct. The book argues that PMSCs are a unique type of organization, combining attributes from worlds of the military, business, and humanitarian organizations. This makes them particularly resistant to oversight. The legal status of these companies and those they employ is also hard to ascertain, which weakens the multiple regulatory tools available. PMSCs also fall between the cracks in ethical debates about their use, seeming to be both justifiable and objectionable. This transformation in military operations is a seemingly irreversible product of more general changes in the relationship between the individual citizen and the state. This book will be of much interest to students of private security companies, war and conflict studies, security studies and IR in general. Kateri Carmola is the Christian A. Johnson Professor of Political Science at Middlebury College in Vermont. She received her Ph.D. from the University of California, Berkeley.
Author: Simon Chesterman
Publisher: OUP Oxford
ISBN: 9780199563890
Category : Political Science
Languages : en
Pages : 287
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Book Description
Frequently characterised as either mercenaries in modern guise or the market's response to a security vacuum, private military companies are commercial firms offering military services ranging from combat and military training and advice to logistical support, and which play an increasingly important role in armed conflicts, UN peace operations, and providing security in unstable states.Executive Outcomes turned around an orphaned conflict in Sierra Leone in the mid-1990s; Military Professional Resources Incorporated (MPRI) was instrumental in shifting the balance of power in the Balkans, enabling the Croatian military to defeat Serb forces and clear the way for the Dayton negotiations; in Iraq, estimates of the number of private contractors on the ground are in the tens of thousands. As they assume more responsibilities in conflict and post-conflict settings, their growing significance raises fundamental questions about their nature, their role in different regions and contexts, and their regulation.From Mercenaries to Market examines these issues with a focus on governance, in particular the interaction between regulation and market forces. It analyses the current legal framework and the needs and possibilities for regulation in the years ahead. The book as a whole is organised around four sets of questions, which are reflected in the four parts of the book. Why and how is regulation of PMCs now a challenging issue? How have problems leading to a call for regulation manifested in different regions and contexts? What regulatory norms and institutions currently exist and how effective are they? What role has the market to play in regulation?
