Download or read book The Montreux Documents and the International Code of Conduct written by Nelleke van Amstel and published by . This book was released on 2019 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovative instruments intended to regulate the private security industry at the international level, such as the Montreux Document and the International Code of Conduct for Private Security Service Providers (ICoC) and its Association (ICoCA), have emerged over the past years. While addressed to different actors, the Montreux Document and the ICoC share the principle objective of enhancing private security company (PSC) compliance with applicable rules of international humanitarian law and international human rights law. However, effective implementation remains a challenge. One reason is that the potential synergies between the two processes may not yet be fully appreciated. This paper provides a detailed comparison between good practices contained in the Montreux Document and the ICoC principles. In particular, it examines to what extent states may build on the ICoC and its Association in order to regulate the provision of private security services effectively and thereby implement good practices identified in the Montreux Document. The paper recommends that states include ICoCA membership in their national authorisation or hiring processes. The principles of the ICoC and the governance mechanism established by the ICoCA can complement or even be an essential component of a state's effort to regulate PSCs in accordance with Montreux Document good practices.

Download or read book Towards an International Code of Conduct for Private Security Providers written by Anne-Marie Buzatu and published by Ubiquity Press. This book was released on 2015-09-19 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of private security companies (PSCs) to provide security services has been on the rise since the end of the Cold War, with PSCs operating in a number of contexts, including armed conflict and areas where the rule of law has been compromised. The use of private actors to perform services that are traditionally associated with the state is not limited to PSCs, but is emblematic of a growing trend by governments to outsource functions with a view to improving efficiency and cutting budgets. Privatization of public functions can, however, present a number of challenges to existing national and international regulatory and oversight frameworks. In the private security sector these challenges were brought to international attention after high-profile incidents in which PSCs injured civilians revealed difficulties in effectively holding international PSCs accountable. This paper argues that crafting a multistakeholder regulatory approach in which key stakeholders work together to develop standards that are appropriately adapted for the private sector, as well as to create governance and oversight mechanisms to hold these private actors to effective account, helps to fill some of the governance gaps found in traditional regulatory approaches. It recounts the developments leading to the International Code of Conduct for Private Security Service Providers (ICOC) and its governance and oversight mechanism, the ICOC Association, offering an example of the development of an initiative which sets new international standards and elaborates a multistakeholder framework and approach to governance for the private security sector. A recent trend of state and non-state clients requiring compliance with the ICOC initiative in their contracts with PSCs offers a new take on binding international regulation of private actors.

Download or read book Private Military and Security Companies PMSCs and the Quest for Accountability written by George Andreopoulos and published by Routledge. This book was released on 2019-03-18 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Military and Security Companies (PMSCs) have constituted a perennial feature of the security landscape. Yet, it is their involvement in and conduct during the ongoing wars in Iraq and Afghanistan that have transformed the outsourcing of security services into such a pressing public policy and world-order issue. The PMSCs’ ubiquitous presence in armed conflict situations, as well as in post-conflict reconstruction, their diverse list of clients (governments in the developed and developing world, non-state armed groups, intergovernmental and non-governmental organizations, and international corporations) and, in the context of armed conflict situations, involvement in instances of gross misconduct, have raised serious accountability issues. The prominence of PMSCs in conflict zones has generated critical questions concerning the very concept of security and the role of private force, a rethinking of "essential governmental functions," a rearticulation of the distinction between public/private and global/local in the context of the creation of new forms of "security governance," and a consideration of the relevance, as well as limitations, of existing regulatory frameworks that include domestic and international law (in particular international human rights law and international humanitarian law). This book critically examines the growing role of PMSCs in conflict and post-conflict situations, as part of a broader trend towards the outsourcing of security functions. Particular emphasis is placed on key moral, legal, and political considerations involved in the privatization of such functions, on the impact of outsourcing on security governance, and on the main challenges confronting efforts to hold PMSCs accountable through a combination of formal and informal, domestic as well as international, regulatory mechanisms and processes. It will be of interest to scholars, policymakers, practitioners and advocates for a more transparent and humane security order. This book was published as a special issue of Criminal Justice Ethics.

Download or read book Private Military and Security Companies in International Law written by Corinna Seiberth and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.'

Download or read book Operational Law in International Straits and Current Maritime Security Challenges written by Jörg Schildknecht and published by Springer. This book was released on 2018-05-26 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a wide range of contemporary operational maritime law issues across the spectrum of operations. It provides sophisticated analyses and insights, and offers new interpretations of topics that are directly relevant for contemporary naval operations.The book examines unresolved legal issues in order to provide guidelines for conducting maritime operations, and also offers reference material for general education on the law of naval operations. Further, it serves as a comprehensive resource for operational doctrine and military planning, and presents an approach to dealing with multiple legal issues that demonstrates how modern military operations at sea can legally be executed. Focusing on operational and tactical topics, it is a valuable addition to the bookshelves of military lawyers and operators alike.

Download or read book Expert Laws of War written by Anton O. Petrov and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'.

Download or read book Tracing the Roles of Soft Law in Human Rights written by Stéphanie Lagoutte and published by Oxford University Press. This book was released on 2016-11-10 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.

Download or read book The Legal Regime Applicable to Private Military and Security Company Personnel in Armed Conflicts written by Mohamad Ghazi Janaby and published by Springer. This book was released on 2016-08-31 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law – “mercenary”, “combatant” or “civilian” – be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.

Download or read book Is the International Legal Order Unraveling written by DAVID L. SLOSS and published by Oxford University Press. This book was released on 2022-11-11 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers--especially the United States and China--cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world's major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison. The book consists of fourteen chapters, plus an introduction. Three chapters address specific threats to the rules-based international order: climate change, autonomous weapons, and cyber weapons. Eight chapters address particular substantive areas of international law: jus ad bellum, jus in bello, trade law, investment law, anti-bribery law, human rights law, international criminal law, and migration law. The remaining chapters provide a range of perspectives on the past evolution and likely future development of the rules-based international order as a whole.

Download or read book Making Global Institutions Work written by Kate Brennan and published by Routledge. This book was released on 2014-09-19 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to think differently about what we recognize as "global institutions" and how they could work better for the people who need them most. By so doing, the contributions show that there is a group of institutions that influence enough people’s lives in significant enough ways through what they protect, provide or enable that they should be considered, together, as global institutions. The United Nations, the World Bank, the internet as well as private military and security companies leave a heavy footprint on the social, political and economic landscape of the planet. We are all aware in different ways of the existence of these global institutions but their importance in achieving change in the twenty-first century is often underestimated. In this book, contributors seek to explain what associations exist between change in global institutions and the reduction of poverty and inequality as well as the achievement of security and justice. The work makes sense of processes of change and identifies the most significant obstacles that exist, offering suggestions for future action that will be of interest to students and scholars of global institutions.

Download or read book The Modern American Military written by David M. Kennedy and published by Oxford University Press. This book was released on 2013-05-10 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The advent of the all-volunteer force and the evolving nature of modern warfare have transformed our military, changing it in serious if subtle ways that few Americans are aware of. Edited by Pulitzer Prize-winning historian David M. Kennedy, this stimulating volume brings together insights from a remarkable group of scholars, who shed important new light on the changes effecting today's armed forces. Beginning with a Foreword by former Secretary of Defense William J. Perry, the contributors take an historical approach as they explore the ever-changing strategic, political, and fiscal contexts in which the armed forces are trained and deployed, and the constantly shifting objectives that they are tasked to achieve in the post-9/11 environment. They also offer strong points of view. Lawrence Freedman, for instance, takes the leadership to task for uncritically embracing the high-tech Revolution in Military Affairs when "conventional" warfare seems increasingly unlikely. And eminent psychiatrist Jonathan Shay warns that the post-battle effects of what he terms "moral wounds" currently receive inadequate attention from the military and the medical profession. Perhaps most troubling, Karl Eikenberry raises the issue of the "political ownership" of the military in an era of all-volunteer service, citing the argument that, absent the political protest common to the draft era, government decision-makers felt free to carry out military operations in both Iraq and Afghanistan. Andrew Bacevich goes further, writing that "it's no longer our army; it hasn't been for years; it's theirs [the government's] and they intend to keep it." Looking at such issues as who serves and why, the impact of non-uniformed "contractors" in the war zone, and the growing role of women in combat, this volume brings together leading thinkers who illuminate the American military at the beginning of the twenty-first century.

Download or read book Law s Impunity written by Hin-Yan Liu and published by Bloomsbury Publishing. This book was released on 2015-09-24 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.

Download or read book International Investment Law and the Law of Armed Conflict written by Katia Fach Gómez and published by Springer. This book was released on 2019-08-05 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.

Download or read book Small Arms Survey 2011 written by Small Arms Survey, Geneva and published by Cambridge University Press. This book was released on 2011-06-30 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In examining various aspects of the provision of security, the Small Arms Survey 2011 considers the growth of the private security industry and its firearms holdings worldwide; the firearms holdings of private security personnel; the use of private security companies by multinational corporations; the use of emerging weapons technology among Western police forces; and legislative controls over the civilian possession of firearms in 42 jurisdictions around the world. Case studies provide original research on ongoing security challenges in Côte d'Ivoire, Haiti and Madagascar. This edition also presents the 2011 Small Arms Trade Transparency Barometer, an estimate of the annual authorized trade in light weapons, and a review of developments related to small arms control at the United Nations.

Download or read book The Routledge Research Companion to Security Outsourcing written by Joakim Berndtsson and published by Routledge. This book was released on 2016-06-10 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conveniently structured into five sections, The Routledge Research Companion to Outsourcing Security offers an overview of the different ways in which states have come to rely on private contractors to support interventions. Part One puts into context the evolution of outsourcing in Western states that are actively involved in expeditionary operations as well as the rise of the commercial security sector in Afghanistan. To explain the various theoretical frameworks that students can use to study security/military outsourcing, Part Two outlines the theories behind security outsourcing. Part Three examines the law and ethics surrounding the outsourcing of security by focusing on how states might monitor contractor behaviour, hold them to account and prosecute them where their behaviour warrants such action. The drivers, politics and consequences of outsourcing foreign policy are covered in Part Four, which is divided into two sections: section one is concerned with armed contractors (providing the provision of private security with the main driver being a capability gap on the part of the military/law enforcement agencies), and section two looks at military contractors (supporting military operations right back to antiquity, less controversial politically and often technologically driven). The final Part takes into consideration emerging perspectives, exploring areas such as gender, feminist methodology, maritime security and the impact of private security on the military profession. This book will be of much interest to students of military and security studies, foreign policy and International Relations.

Download or read book Do the Geneva Conventions Matter written by Matthew Evangelista and published by Oxford University Press. This book was released on 2017-08-17 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Geneva Conventions are the best-known and longest-established laws governing warfare, but what difference do they make to how states engage in armed conflict? Since the start of the "War on Terror" with 9/11, these protocols have increasingly been incorporated into public discussion. We have entered an era where contemporary wars often involve terrorism and guerrilla tactics, but how have the rules that were designed for more conventional forms of interstate violence adjusted? Do the Geneva Conventions Matter? provides a rich, comparative analysis of the laws that govern warfare and a more specific investigation relating to state practice. Matthew Evangelista and Nina Tannenwald convey the extent and conditions that symbolic or "ritual" compliance translates into actual compliance on the battlefield by looking at important studies across history. To name a few, they navigate through the Algerian War for independence from France in the 1950s and 1960s; the US wars in Korea, Vietnam, Iraq, and Afghanistan; Iranian and Israeli approaches to the laws of war; and the legal obligations of private security firms and peacekeeping forces. Thoroughly researched, this work adds to the law and society literature in sociology, the constructivist literature in international relations, and legal scholarship on "internalization." Do the Geneva Conventions Matter? gives insight into how the Geneva regime has constrained guerrilla warfare and terrorism and the factors that affect protect human rights in wartime.

Download or read book Conflict Management and Whole of Government Useful Tools for U S National Security Strategy Enlarged Edition written by Volker C. Franke and published by Lulu.com. This book was released on 2013-05-20 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, America faces security challenges that are exceedingly dynamic and complex, in part because of the ever changing mix and number of actors involved and the pace with which the strategic and operational environments change. To meet these new challenges more effectively, the Obama administration advocated strengthening civilian instruments of national power and enhancing America's whole-of-government (WOG) capabilities. Although the need for comprehensive integration and coordination of civilian and military, governmental and nongovernmental, national and international capabilities to improve efficiency and effectiveness of post-conflict stabilization and peacebuilding efforts is widely recognized, Washington has been criticized for its attempts at creating WOG responses to international crises and conflicts for overcommitment of resources, lack of sufficient funding and personnel, competition between agencies, ambiguous mission objectives, ..