Download or read book Multilevel Regulation of Military and Security Contractors written by Christine Bakker and published by Bloomsbury Publishing. This book was released on 2012-02-10 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.

Download or read book Multilevel Regulation of Military and Security Contractors written by Christine Bakker and published by Bloomsbury Publishing. This book was released on 2012-02-10 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.

Download or read book Private Military and Security Companies written by Erika Calazans and published by Cambridge Scholars Publishing. This book was released on 2016-05-11 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 2017-10-02 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the growing role of private military and security companies (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 regulatory mechanisms and processes. This book was published as a special issue of Criminal Justice Ethics.

Download or read book UN Use of Private Military and Security Companies written by Åse Gilje Østensen and published by Ubiquity Press. This book was released on 2011-11-09 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although subject to little discussion, the UN has increasingly paid private military and security companies (PMSCs) for a range of services in the areas of humanitarian affairs, peacebuilding and development. However, this practice has rarely translated into coherent policies or guidelines that could guide the UN in setting standards or ensuring responsible contracting procedures. This paper explores UN demand for PMSCs and identifies the need for a more proactive, sensitive and deliberate political approach in order to avoid potential pitfalls associated with involving PMSCs in the delivery of UN tasks.

Download or read book Private Security Contractors and New Wars written by Kateri Carmola and published by Routledge. This book was released on 2010-02-05 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Military Contractors and International Law written by Ali Deif and published by . This book was released on 2016 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: In the modern world, regulation is a necessity, especially on an international scale. PMSCs or Private Military Security Contractors are groups that are involved with militaries, and in conflict zones around the world. Due to their unique functions and place in international law, they essentially fall into a regulatory gap. PMSCs are non- state actors , but perform a series of roles and functions historically associated with the state. They can be used in multitudes of situations and have even been recruited in the war against drugs. Some see military contractors as, or similar to mercenaries, while others disagree. Many, if not most, PMSC personnel do not fit the criteria that comprise the definition of a mercenary , as set forth by article 47 of Additional Protocol 1 of the Geneva Convention. The issue becomes how best to regulate PMSCs and their personnel. Two options for regulation appear to be the most efficient, first, Kristine Huskey's three phase plan which segments the phases of PMSC operations and regulates each in a different way . Secondly, the option of categorization; labeling military contractors and regulating them based on the category they are placed in. Categorization is a possibility however PMSC personnel have a multitude of roles, and therefore have different responsibilities and regulations. One category that includes all roles and responsibilities is that of a MNC, or multinational corporation. Labeling PMSCs as corporations, categorizes them as what they truly are, businesses. Profit and future business are what PMSCs strive for, and therefore a way to regulate them. Some PMSCs are not combat oriented , and there fore it would be incorrect to lump all PMSCs in together. When analyzing the international regulation of multinational corporations, parallels to PMSCs begin to appear. Both operate internationally, and both have a goal of profit. By understanding the operations and regulations of MNCs the international community could potentially find a way to categorize and regulate PMSCs. Huskey's three phase theory, in combination with the multinational corporation label, is a novel system by which regulation, as well as responsibility can be placed.

Download or read book Private Security Contractors Operating in Contingency Operations Combat Operations Or Other Significant Military Operations Us Department of Defense Regulation Dod 2018 Edition written by The Law The Law Library and published by Createspace Independent Publishing Platform. This book was released on 2018-07-05 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Security Contractors Operating in Contingency Operations, Combat Operations or Other Significant Military Operations (US Department of Defense Regulation) (DOD) (2018 Edition) The Law Library presents the complete text of the Private Security Contractors Operating in Contingency Operations, Combat Operations or Other Significant Military Operations (US Department of Defense Regulation) (DOD) (2018 Edition). Updated as of May 29, 2018 This Rule establishes policy, assigns responsibilities and provides procedures for the regulation of the selection, accountability, training, equipping, and conduct of personnel performing private security functions under a covered contract during contingency operations, combat operations or other significant military operations. It also assigns responsibilities and establishes procedures for incident reporting, use of and accountability for equipment, rules for the use of force, and a process for administrative action or the removal, as appropriate, of PSCs and PSC personnel. For the Department of Defense, this Rule supplements DoD Instruction 3020.41, "Contractor Personnel Authorized to Accompany the U.S. Armed Forces," which provides guidance for all DoD contractors operating in contingency operations. This book contains: - The complete text of the Private Security Contractors Operating in Contingency Operations, Combat Operations or Other Significant Military Operations (US Department of Defense Regulation) (DOD) (2018 Edition) - A table of contents with the page number of each section

Download or read book Outsorcing of Security to private Military Contractors State Responsibilities written by Nicholas Sunday and published by GRIN Verlag. This book was released on 2013-02-25 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2012 in the subject Law - Miscellaneous, grade: A, , course: LLM INTERNATIONAL LAW, language: English, abstract: The monopoly of the use of force granted to modern States by its citizens is a relatively new phenomenon. Private armies have been operating in European States till the XIX century. The use of mercenaries has been historically a constant phenomenon till almost the end of the XX century, when their activities were criminalized by the international community. Parallel to that phenomenon during the European colonial expansion over all continents, governments had authorized two other forms of similar violence by non-state actors: the corsairs and the colonial merchant companies.

Download or read book Private Military and Security Companies A Framework for Regulation written by James Cockayne and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Advanced Introduction to International Conflict and Security Law written by Nigel D. White and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace.

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 336 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 Human Rights in Armed Conflict written by Gerd Oberleitner and published by Cambridge University Press. This book was released on 2015-03-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies, it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.

Download or read book Regulating Private Military Companies written by Katerina Galai and published by Routledge. This book was released on 2019-03-25 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Private Military and Security Contractors written by Gary Schaub, Jr. and published by Rowman & Littlefield. This book was released on 2016-06-16 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Private Security Contractors in Iraq and Afghanistan written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010-10 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of private security contractors (PSCs) to protect personnel and property in Iraq and Afghanistan has been a subject of debate. While PSCs are viewed as being vital to U.S. efforts in the region, many are concerned about transparency, accountability, and legal issues raised by the use of armed civilians to perform security tasks formerly performed by the mil. Contents of this report: Legal Status and Authorities: (a) Internat. Law: Can Contractors be Combatants?; Are They Mercenaries?; (b) Iraqi Law, and Afghan Law, and Status of U.S. Forces; (c) U.S. Law; ¿Inherently Gov¿t. Functions¿ and Other Restrictions on Gov¿t. Contracts; Prosecution of Contractor Personnel in U.S. Fed. or Mil. Courts; Uniform Code of Mil. Justice.