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State Control over Private Military and Security Companies in Armed Conflict.
Critically analyses states' obligations to control PMSCs in armed conflict and assesses how PMSC misconduct may lead to state responsibility.
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge :
Cambridge University Press,
2011.
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| Colección: | Cambridge Studies in International and Comparative Law, 84.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Title; Copyright; Contents; Acknowledgements; Abbreviations; Table of cases; International Court of Justice/Permanent Court of International Justice; European Court of Human Rights/European Commission on Human Rights; Inter-American system; UN Human Rights Committee; International Criminal Tribunal for the former Yugoslavia; International arbitral decisions; World Trade Organization; United Kingdom; United States; Other jurisdictions; Table of statutes; United Kingdom; United States; Other jurisdictions; Table of international treaties and conventions; Introduction.
- 1 The private security industry uncovered1.1 History of private military actors in international relations; Private force in twelfth- to seventeenth-century Europe; The first shift away from mercenary use: state troop exchange; The second shift away from mercenary use: citizen armies; Private force in the twentieth century; Lessons from history; 1.2 Objections to private force, mercenaries and modern PMSCs; Lack of attachment to a cause; Fighting outside the citizen-state military relationship; Fighting outside state control; The hiring state's lack of control over PMSC activities.
- The home state's lack of control over PMSC activitiesGeneral lack of transparency in the private security industry; 1.3 The spectrum of private military and security activity today; Mercenaries; Private military and security companies; Volunteers; Soldiers integrated into a foreign force; National soldiers fighting for their home state; 1.4 What are PMSCs and what do they do?; Terminology; General nature of PMSCs; PMSC services; Offensive combat; Military and security expertise; Armed security; Military support; 1.5 Conclusion; 2 State obligations and state responsibility.
- 2.1 The nature of international obligations and conditions for breach2.2 The attribution of private misconduct to the state; 2.3 States' obligations to take positive steps to control PMSCs; Obligations of result; Obligations of diligent conduct; 2.4 A framework for analysing due diligence obligations; Identifying a due diligence obligation of prevention and punishment; Mental element; Positive action to discharge the obligation; State's capacity to influence the private actor; Resources available to the state; Risk of violation; Causation; Damage; 2.5 Circumstances precluding wrongfulness.
- 2.6 Consequences of state responsibility2.7 Conclusion; 3 The attribution of PMSC conduct to the hiring state; 3.1 PMSCs forming part of the armed forces; Definition of the armed forces; International armed conflicts; Non-international armed conflicts; Attributing acts of the armed forces to the state; International armed conflicts; Non-international armed conflicts; 3.2 PMSCs empowered by law to exercise governmental authority; What constitutes 'governmental authority'?; Private person test; ILC guidelines; US law and policy regarding 'inherently governmental' functions.