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5 - New standards for and by private military companies?

from PART I - New actors and processes in contemporary standard setting

Published online by Cambridge University Press:  06 January 2010

Anne Peters
Affiliation:
Universität Basel, Switzerland
Lucy Koechlin
Affiliation:
Universität Basel, Switzerland
Till Förster
Affiliation:
Universität Basel, Switzerland
Gretta Fenner Zinkernagel
Affiliation:
Universität Basel, Switzerland
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Summary

Introduction

Private military companies (PMCs) are becoming a well-known phenomenon. The fact that the employees of private military companies, taken together, make up the second largest contingent in Iraq – now estimated to number at least 48,000, second only to the US armed forces – has sparked enormous debate among policy makers, military leaders, non-government organisations and academics on the role of these actors in situations of armed conflict. Observers and critics have especially expressed concerns regarding the responsibility of private actors for human rights violations and the wisdom of being able to rely only on a commercial contract to compel a person to remain in a war zone and carry out life-threatening tasks. For some, the privatisation of large-scale violence may signal the beginning of a massive change in the concept of the essential, necessary components of statehood. As for the companies, instead of hiding as shadowy mercenaries, they now hold international conferences attended by former dignitaries. For lawyers, governments and political scientists, the accountability and regulation of private military companies are the key issues that urgently need to be addressed, implying a tacit acceptance that these companies are here to stay and do not need to be outlawed.

Private military companies exploded onto the international scene in 2004 largely due to two incidents in Iraq, aside from their sheer numbers: first, the brutal execution of four employees of the PMC ‘Blackwater’ in Fallujah, which led to the US response in that city using overwhelming force and, second, the torture of detainees at Abu Ghraib prison carried out with the involvement of PMC employees.

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Publisher: Cambridge University Press
Print publication year: 2009

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References

Aldrich, G. 1982, ‘Guerrilla Combatants and Prisoner-of-War Status’, American University Law Review, vol. 31, 871–82.Google Scholar
Bina, M. 2005, ‘Private Military Contractor Liability and Accountability after Abu Ghraib’, John Marshall Law Review, vol. 38, 1237–63.Google Scholar
Broder, J. 2007, ‘Chief of Blackwater Defends His Employees’, New York Times, 3 October 2007.
Cameron, L. 2006, ‘Private Military Companies: Their Status under International Humanitarian Law and its Impact on their Regulation’, International Review Red Cross, vol. 88, 573–98.CrossRefGoogle Scholar
Carney, H. 2006, ‘Prosecuting the Lawless: Human Rights Abuses and Private Military Firms’, George Washington Law Review, vol. 74, 317–44.Google Scholar
Coleman, J. 2004, ‘Constraining Modern Mercenarism’, Hastings Law Journal, vol. 55, 1493–1538.Google Scholar
Cottier, M. 2006, ‘Elements for Contracting and Regulating Private Security and Military Companies’, International Review Red Cross, vol. 88, 637–63.CrossRefGoogle Scholar
Dickinson, L. 2005, ‘Government for Hire: Privatizing Foreign Affairs and the Problem of Accountability under International Law’, William and Mary Law Review, vol. 45, 135–237.Google Scholar
Dörmann, K. 2003, ‘The Legal Situation of “Unlawful/Unprivileged Combatants”’, International Review Red Cross, vol. 85, 45–74.CrossRefGoogle Scholar
Elsea, J. and Serafino, N. 2007, ‘Private Security Contractors in Iraq: Background, Legal Status, and Other Issues’, Congressional Research Service Report for Congress, 19.Google Scholar
Forcese, C. 1999/2000, ‘Deterring “Militarized Commerce”: The Prospect of Liability for “Privatized” Human Rights Abuses’, Ottawa Law Review, vol. 31, 171–211.Google Scholar
Frye, E. 2005, ‘Private Military Firms in the New World Order: How Redefining “Mercenary” can Tame the “Dogs of War”’, Fordham Law Review, vol. 73, 2607–64.Google Scholar
Guillory (Major), M. 2001, ‘Civilianizing the Force: Is the United States Crossing the Rubicon?’, Air Force Law Review, vol. 51, 111–42.Google Scholar
Hampson, F. 1991, ‘Mercenaries: Diagnosis before Proscription’, Netherlands Yearbook of International Law, vol. 22, 3–38.CrossRefGoogle Scholar
Heaton, M. R. 2005, ‘Civilians at War: Reexamining the Status of Civilians Accompanying the Armed Forces’, Air Force Law Review, vol. 57, 155–208.Google Scholar
Holmqvist, C. 2005, ‘Private Security Companies: The Case for Regulation’, SIPRI Policy Paper, no. 9.
Ipsen, K. 1995, ‘Combatants and Non-Combatants’ in Fleck, D. (ed.), Handbook of Humanitarian Law in Armed Conflicts, Oxford University Press, 65–101.Google Scholar
Leander, A. 2006, Eroding State Authority? Private Military Companies and the Legitimate Use of Force, Rome, Rubbetino.Google Scholar
Maxwell (Lieutenant Colonel), M. D., US Army 2004, ‘The Law of War and Civilians on the Battlefield: Are We Undermining Civilian Protections?’, Military Review, 17–25.Google Scholar
Milliard, T. 2003, ‘Overcoming Post-Colonial Myopia: A Call to Recognize and Regulate Private Military Companies’, Military Law Review, vol. 176, 1–95.Google Scholar
,The Shorter Oxford English Dictionary 2002, 5th edn, Oxford University Press.
Perrin, B. 2006, ‘Promoting Compliance of Private Security and Military Companies with International Humanitarian Law’, International Review Red Cross, vol. 88, 613–36.CrossRefGoogle Scholar
Pfanner, T. 2004, ‘Military Uniforms and the Law of War’, International Review of the Red Cross, vol. 86, 93–124.CrossRefGoogle Scholar
Pictet, J. 1952, The Geneva Conventions of 1949: Commentary, III Geneva Convention, Geneva, ICRC, 52 et seq.
Quéguiner, J.-F. 2003, ‘Direct Participation in Hostilities under International Humanitarian Law’, HPCR Working Paper, available at www.ihlresearch.org/portal/ihli/alabama.php.
Sandoz, Y., Swinarski, Ch. and Zimmermann, B. 1987, Commentary on the Additional Protocols of 8 June 1977 to the Geneva Conventions of 12 August 1949, Geneva and Dordrecht, ICRC and Martinus Nijhoff.Google Scholar
Sassòli, M. (forthcoming), ‘Combatants’ in Bernhardt, R., Encyclopedia of Public International Law, Heidelberg, Max Planck Institute for Comparative Public Law and International Law.
Sassòli, M. and Cameron, L. 2006, ‘The Protection of Civilian Objects – Current State of the Law and Issues de lege ferenda’ in Ronzitti, N. and Venturini, G. (eds.), The Law of Air Warfare – Contemporary Issues, Utrecht, Eleven International Publishing, 35–74.Google Scholar
Schmitt, M. 2005, ‘War, International Law and Sovereignty: Re-Evaluating the Rules of the Game in a New Century: Humanitarian Law and Direct Participation in Hostilities by Private Contractors or Civilian Employees’, Chicago Journal International Law, vol. 5, 511–46.Google Scholar
Schreier, F. and Caparini, M. 2005, Privatising Security: Law, Practice and Governance of Private Military and Security Companies, Geneva, DCAF, available at www.dcaf.ch.Google Scholar
Sengupta, K. 2006, ‘UK: Blair Accused of Trying to “Privatise” War in Iraq’, The Independent, 30 October 2006.
Singer, P. 2003, Corporate Warriors: The Rise of the Privatized Military Industry, Cornell University Press.Google Scholar
Singer, P. 2004, ‘War, Profits and the Vacuum of Law: Privatized Military Firms and International Law’, Columbia J Transnational Law, vol. 42, 521–49.Google Scholar
Turner (Major), L. 2001, USAF, Civilians at the Tip of the Spear: Civilian Issues Commanders Encounter During Deployments, Alabama, Maxwell Airforce Base.Google Scholar
Walker, C. and Whyte, D. 2005, ‘Contracting out War? Private Military Companies, Law and Regulation in the United Kingdom’, International & Comparative Law Quarterly, vol. 54, 651–89.Google Scholar
Watkin, K. 2005, ‘Warriors Without Rights? Combatants, Unprivileged Belligerents, and the Struggle over Legitimacy’, HPCR, Occasional Paper Series, 25.Google Scholar
Wither, J. 2005, ‘European Security and Private Military Companies: The Prospects for Privatized “Battlegroups”’, The Quarterly Journal, 107–26.Google Scholar
Zarate, J. C. 1998, ‘The Emergence of a New Dog of War: Private International Security Companies, International Law and the New World Disorder’, Stanford Journal of International Law, vol. 34, 75–162.Google Scholar

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