Book contents
- Frontmatter
- Dedication
- Acknowledgments
- Contents
- List of Abbreviations
- Chapter I General Introduction
- Chapter II Privatization of War and Security – War is Business and Vice Versa
- Chapter III Existing Legal Framework of PMSC Operation
- Chapter IV Legal Status of PMSC Employees
- Chapter V State Responsibility under the Draft Articles on State Responsibility
- Chapter VI State Responsibility for Non-Compliance with Positive International Law Obligations
- Chapter VII Summary, Overall Conclusions, and Final Observations
- Dutch Summary — Nederlandse Samenvatting
- Russian Summary — KPATKOE COДEPЖAHИE KHИГИ HA PУCCKOM ЯэЬІKE
- Selected Bibliography
- Table of Cases
- Selected United Nations Documents
- Index
- Curriculum Vitae
- School of Human Rights Research Series
Chapter VII - Summary, Overall Conclusions, and Final Observations
Published online by Cambridge University Press: 28 November 2017
- Frontmatter
- Dedication
- Acknowledgments
- Contents
- List of Abbreviations
- Chapter I General Introduction
- Chapter II Privatization of War and Security – War is Business and Vice Versa
- Chapter III Existing Legal Framework of PMSC Operation
- Chapter IV Legal Status of PMSC Employees
- Chapter V State Responsibility under the Draft Articles on State Responsibility
- Chapter VI State Responsibility for Non-Compliance with Positive International Law Obligations
- Chapter VII Summary, Overall Conclusions, and Final Observations
- Dutch Summary — Nederlandse Samenvatting
- Russian Summary — KPATKOE COДEPЖAHИE KHИГИ HA PУCCKOM ЯэЬІKE
- Selected Bibliography
- Table of Cases
- Selected United Nations Documents
- Index
- Curriculum Vitae
- School of Human Rights Research Series
Summary
The price of greatness is responsibility.
Sir Winston ChurchillINTRODUCTION
The State use of private contractors providing military and security services is an increasingly popular practice that has notably found its expression in various areas around the world in the era of globalization. In conflict zones, PMSCs have been deployed to carry out numerous tasks ranging from the provision of training and advice to the interrogation of prisoners and actual participation in hostilities. What has come to light, are several violations of international law, including international humanitarian and human rights law, that have been committed by the personnel of these corporations. These breaches reveal the impotence of not only domestic and transnational legal frameworks, but also international law to deal with the issues of control, oversight, and accountability with respect to PMSCs. The main aim of the present study is to investigate the possibility of application of the State responsibility doctrine to PMSC operations in conflict-affected areas. Having analyzed the phenomenon of privatization of war and security and the possibility of invoking international responsibility of hiring, host, and home States for the unlawful conduct of these legal entities and their employees breaching international law, the main focus of this final Chapter is on providing a summary, drawing some general conclusions, and making final observations with regard to the posed research questions. The main question of the study is:
“To what extent should and can States be held responsible for the misconduct of PMSCs, taking place in conflict areas and constituting breaches of international humanitarian and human rights law?”
The investigation concerned the extent and circumstances of attribution of the misconduct of PMSCs and their personnel under the law of State responsibility and the scope and circumstances of the application of positive State duties under international humanitarian and human rights law to the deployment of private contractors in conflict zones.
MISCONDUCT AND MORAL IMPLICATIONS
It has been established that currently States rely heavily on the employment of PMSCs and outsource a large variety of tasks to these non-State entities in times of war and peace.
- Type
- Chapter
- Information
- The Privatized Art of WarPrivate Military and Security Companies and State Responsibility for Their Unlawful Conduct in Conflict Areas, pp. 393 - 408Publisher: IntersentiaPrint publication year: 2015