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.
This book examines the growing role of private military and security companies (PMSCs) in conflict and post-conflict situations, as part of a broader trend towards the outsourcing of security functions.
Although subject to little discussion, the UN has increasingly paid private military and security companies (PMSCs) for a range of services in the areas of humanitarian affairs, peacebuilding and development.
This book identifies and explains the functional and ideational boundaries regarding what states and Private Military and Security Companies (PMSCs) both do and possess regarding land power, sea power, and air power.
state's monopoly on force.2 Therefore, the trade of solely lethal services on a particular market is neither necessary nor sufficient for the market to affect the state's monopoly on force in a negative manner.
This book examines the legitimation of Private Military and Security Companies (PMSCs), focusing on the controversy between PMSCs and nongovernmental organizations (NGOs).
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 ...
Outsourcing Security is the only work that moves beyond a descriptive account of the rise of PMCs to lay out a precise theory explaining the phenomenon and providing a framework for those considering PMCs in future global interaction.
Roberts, A. and B. Kingsbury (eds), United Nations, Divided World, Oxford: Clarendon Press, 1995. Roberts, M., 'The Military ... Van Creveld, M., 'The Transformation of War Revisited', in R.J. Bunker (ed.), Non-State Threats and Future ...
A multinational team of scholars and experts address the issue of controlling the use of privatized forces by states. They address the role of contract employees, their acceptance by military personnel, and possible tensions between them.
This volume examines the interaction between regulation and market forces and analyzes the current legal framework and the needs and possibilities for regulation in the years ahead.