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| Author | : B. Sheehy |
| Publisher | : Springer |
| Total Pages | : 265 |
| Release | : 2008-12-11 |
| Genre | : Law |
| ISBN | : 0230583016 |
Private military organizations are a new and important feature of the international landscape. They offer control of potential massive violence to the highest bidder with very limited accountability. This book offers critical insights into both the phenomenon and the challenges of and potential for regulation.
| Author | : Katerina Galai |
| Publisher | : Routledge |
| Total Pages | : 210 |
| Release | : 2019-03-25 |
| Genre | : Law |
| ISBN | : 0429879962 |
This work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a ‘shared governance'. It reflects states’ reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.
| Author | : Hannah Tonkin |
| Publisher | : Cambridge University Press |
| Total Pages | : 339 |
| Release | : 2011-08-11 |
| Genre | : Law |
| ISBN | : 1139499459 |
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 | : Erika Calazans |
| Publisher | : |
| Total Pages | : 164 |
| Release | : 2016 |
| Genre | : Contracting out |
| ISBN | : 9781443890618 |
"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"--Book jacket.
| Author | : Gary Schaub, Jr. |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 440 |
| Release | : 2016-06-16 |
| Genre | : History |
| ISBN | : 1442260238 |
In Private Military and Security Contractors (PMSCs) a multinational team of scholars and experts address a developing phenomenon: controlling the use of privatized force by states in international politics. Robust analyses of the evolving, multi-layered tapestry of formal and informal mechanisms of control address the microfoundations of the market, such as the social and role identities of contract employees, their acceptance by military personnel, and potential tensions between them. The extent and willingness of key states—South Africa, the United States, Canada, the United Kingdom, and Israel—to monitor and enforce discipline to structure their contractual relations with PMSCs on land and at sea is examined, as is the ability of the industry to regulate itself. Also discussed is the nascent international legal regime to reinforce state and industry efforts to encourage effective practices, punish inappropriate behavior, and shape the market to minimize the hazards of loosening states’ oligopolistic control over the means of legitimate organized violence. The volume presents a theoretically-informed synthesis of micro- and macro-levels of analysis, offering new insights into the challenges of controlling the agents of organized violence used by states for scholars and practitioners alike.
| Author | : Corinna Seiberth |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : Defense contracts |
| ISBN | : 9781780681825 |
Many states view Private Military and Security Companies (PMSCs) as crucial to implementing their security policy. However, reoccurring incidents of human rights violations have led the international community, private sector, and civil society to acknowledge the need for more control over the use of PMSCs. Growing state support for The Montreux Document and an ever growing number of signatory companies to the International Code of Conduct for Security Providers (ICoC) show that self-regulation through non-binding norms has shifted to the center of the debate. This book examines the promises and dangers of emerging non-binding PMSC regulation alongside more traditional forms of law-making, such as plans for an international convention on the use of PMSCs. It offers an in-depth analysis of legal and political developments that led to the proliferation of The Montreux Document and the ICoC. Identifying the state side of duties and corporate responsibility as leaving gaps and grey zones in international law, the book analyzes how both instruments address 'the responsibility to protect' and 'the responsibility to respect.' Covering the Private Security Providers' Association's Articles of Association, the most recent developments on the establishment of a PMSC oversight mechanism are included. Finally, the book provides an original theory of how both instruments could become more effective to protect victims against PMSC human rights violations: The Montreux Document, by developing into a form of customary international law, and the standards of the ICoC framework, by developing into more binding normative standards as a form of 'corporate custom.'
| Author | : Andrew Alexandra |
| Publisher | : Routledge |
| Total Pages | : 289 |
| Release | : 2009-10-16 |
| Genre | : Business & Economics |
| ISBN | : 1134081871 |
This edited book provides an interdisciplinary, state-of-the-art overview of the growing phenomenon of private military companies.
| Author | : Simon Chesterman |
| Publisher | : OUP Oxford |
| Total Pages | : 272 |
| Release | : 2009-11-05 |
| Genre | : Law |
| ISBN | : 0191610275 |
Private actors are increasingly taking on roles traditionally arrogated to the state. Both in the industrialized North and the developing South, functions essential to external and internal security and to the satisfaction of basic human needs are routinely contracted out to non-state agents. In the area of privatization of security functions, attention by academics and policy makers tends to focus on the activities of private military and security companies, especially in the context of armed conflicts, and their impact on human rights and post-conflict stability and reconstruction. The first edited volume emerging from New York University School of Law's Institute for International Justice project on private military and security companies, From Mercenaries to Market: The Rise and Regulation of Private Military Companies broadened this debate to situate the private military phenomenon in the context of moves towards the regulation of activities through market and non-market mechanisms. Where that first volume looked at the emerging market for use of force, this second volume looks at the transformations in the nature of state authority. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, the book examines private military and security companies through the wider lens of private actors performing public functions. In the past two decades, the responsibilities delegated to such actors - especially but not only in the United States - have grown exponentially. The central question of this volume is whether there should be any limits on government capacity to outsource traditionally "public" functions. Can and should a government put out to private tender the fulfilment of military, intelligence, and prison services? Can and should it transfer control of utilities essential to life, such as the supply of water? This discussion incorporates numerous perspectives on regulatory and governance issues in the private provision of public functions, but focuses primarily on private actors offering services that impact the fundamental rights of the affected population.
| Author | : Nihat Dumlupinar |
| Publisher | : |
| Total Pages | : 101 |
| Release | : 2010 |
| Genre | : National security |
| ISBN | : |
The number of Private Military Companies (PMCs) used by the United States in military operations has increased substantially in the last two decades. While the ratio of contractor personnel to military personnel in the Persian Gulf War was 1 to 55, it was about 1 to 1 in Operation Iraqi Freedom in 2003. Because of the intense use of PMCs by coalition forces in Iraq, problems related to their legal status, the contracting process, civilian control, and oversight have emerged. These problems require national solutions as well as effective support from the international level. In addition, the types and levels of dangers faced by states that employ PMCs are not same. Incapable or weak states, such as Iraq, are more vulnerable to the challenges of PMC use than capable or strong states, such as the United States. Moreover, weak states do not have the capacity to solve the problems inherent in using PMCs, whereas strong states do, although they need the political will to do so. Thus, at the national level, the priorities and approaches of states to PMCs must be different. In addition, international regulations must be established to reinforce national regulations governing PMCs because of the transnational nature of the Private Military Industry. The primary research questions this thesis addresses are as follows: What are the motives and capabilities of the United States and Iraq to regulate PMCs?; and How can national regulations governing PMCs be supported at the international level?
| Author | : Kateri Carmola |
| Publisher | : Routledge |
| Total Pages | : 202 |
| Release | : 2010-02-05 |
| Genre | : History |
| ISBN | : 1135153280 |
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.
