War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Overview


The growth in scope and importance of the private military and security industry in the past decade has challenged the role of the state as the main provider of defence and security functions. At the same time it has put under stress the state's authority to properly oversee the conduct of private contractors and has raised the question of whether existing rules of domestic law and international law are adequate to ensure their accountability in the event of abuse. This book addresses this question through the ...
See more details below
Other sellers (Hardcover)
  • All (7) from $110.82   
  • New (6) from $110.82   
  • Used (1) from $156.11   
Sending request ...

Overview


The growth in scope and importance of the private military and security industry in the past decade has challenged the role of the state as the main provider of defence and security functions. At the same time it has put under stress the state's authority to properly oversee the conduct of private contractors and has raised the question of whether existing rules of domestic law and international law are adequate to ensure their accountability in the event of abuse. This book addresses this question through the lens of international human rights law and international humanitarian law. It presents a systematic analysis of the way in which these two bodies of international law, applicable in times of peace and in the event of armed conflict, may be interpreted and implemented in a way so as to fill possible accountability gaps.

Human rights and humanitarian law obligations are analysed from the point of view of their applicability to the states involved, to international organizations, and to the companies and their individual employees. Victims' access to civil remedies and the criminal prosecution of private contractors, as well as new policy issues, such as the use of private contractors in the fight against piracy, are also covered in the book.

Read More Show Less

Editorial Reviews

From the Publisher

"The most comprehensive and up-to-date volume that grapples with the thorny issues surrounding PMSCs. The analyses presented will remain continually relevant into the future. An impressive achievement and it would be unsurprising if it became the definitive work in the area."
--Hin-Yan Liu, King's College London

"A unique survey of the legal implications of employing private contractors on maritime vessels. A meaningful and necessary first step in such an analysis"
--Piracy-law.com

"A thorough, impressively researched, and amply investigated discussion of a timely topic. This book makes an important contribution to this area of law, one that will benefit both policy- and law-makers around the world as they continue to work through the legal implications of the use of PMSCs."
--Hannah M. Junkerman, NYU School of Law Journal of International Law and Politics (Vol 45, Issue 3)

Read More Show Less

Product Details

  • ISBN-13: 9780199604555
  • Publisher: Oxford University Press
  • Publication date: 3/8/2011
  • Pages: 580
  • Product dimensions: 6.30 (w) x 9.30 (h) x 1.70 (d)

Meet the Author

Francesco Francioni is Professor of international law and human rights at the European University Institute in Florence, where he is also Co-Director of the Academy of European Law. He was previously Professor of international law at the University of Siena and Visiting Professor at the Universities of Oxford, Cornell, and Texas. He has a doctorate in law from the University of Florence and an LLM from Harvard.

Natalino Ronzitti is Professor of international law at the LUISS University School of Law, Rome. He has given conferences and lectures in numerous foreign universities and institutions, including the Hague Academy of International Law. In addition to his academic career, he has occasionally acted as a consultant for the Italian Ministry of Foreign Affairs and the Italian Ministry of Defence. He has also served as Legal Advisor for the Italian Permanent Representative to the Conference on Disarmament (Geneva).

Read More Show Less

Table of Contents

Security and Policy Perspectives
1: Eugenio Cusumano: Policy Prospects for Regulating Private Military and Security Companies
2: Natalino Ronzitti: The Use of Private Contractors in the Fight against Piracy: Policy Options
Human Rights
3: Federico Lenzerini and Francesco Francioni: The Role of Human Rights in the Regulation of Private Military and Security Companies
4: Ieva Kalnina and Ugis Zeltins: The Impact of the EU Human Rights System on Operations of Private Military and Security Companies
5: Francesco Francioni: The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors
6: Carsten Hoppe: Positive Human Rights Obligations of the Hiring State in Connection with the Provision of Coercive Services by a Private Military And Security Company
7: Christine Bakker: Duties to Prevent, Investigate and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State
8: Giulia Pinzauti: Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights
9: Guido Den Dekker and Eric Myjer: The Right to Life and Self-Defence of Private Military and Security Contractors in Armed Conflict
International Humanitarian Law
10: Luisa Vierucci: Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues
11: Giulio Bartolini: Private Military Companies as "Persons who Accompany the Armed Forces"
12: Luisa Vierucci: Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues
13: Christine Bakker and Susanna Greijer: Children's Rights: The Potential Impact of Private Military and Security Companies
14: Ana Filipa Vrdoljak: Women and Private Military and Security Companies
15: Valentina Falco: Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law
16: Marina Mancini, Faustin Ntoubandi and Thilo Marauhn: Old Concepts and New Challenges: Are Private Contractors the Mercenaries of the 21st Century?
Accountability and Responsibility of Private Contractors
17: Sorcha MacLeod: The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account
18: Carsten Hoppe, Ottavio Quirico: Codes of Conduct for Private Military and Security Companies: The State of Self-regulation in the Industry
19: Nigel White: Institutional Responsibility for Private Military and Security Contractors
20: Charlotte Beaucillon, Julian Fernandez and Hélène Raspail: State Responsibility for Conduct of PMSC Violating Ius ad Bellum
Criminal and Civil Liability of Private Military and Security Companies and their Employees
21: Ottavio Quirico: The Criminal Responsibility of PMSC Personnel under International Humanitarian Law
22: Micaela Frulli: Immunity for Private Contractors: Legal Hurdles or Political Snags?
23: Andrea Atteritano: Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law
Security and Policy Perspectives
1. Policy Prospects for Regulating Private Military and Security Companies, Eugenio Cusumano
2. The Use of Private Contractors in the Fight against Piracy: Policy Options, Natalino Ronzitti
Human Rights
3. The Role of Human Rights in the Regulation of Private Military and Security Companies, Federico Lenzerini and Francesco Francioni
4. The Impact of the EU Human Rights System on Operations of Private Military and Security Companies, Ieva Kalnina and Ugis Zeltins
5. The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors, Francesco Francioni
6. Positive Human Rights Obligations of the Hiring State in Connection with the Provision of Coercive Services by a Private Military And Security Company, Carsten Hoppe
7. Duties to Prevent, Investigate and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State, Christine Bakker
8. Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights, Giulia Pinzauti
9. The Right to Life and Self-Defence of Private Military and Security Contractors in Armed Conflict, Guido Den Dekker and Eric Myjer
International Humanitarian Law
10. Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues, Luisa Vierucci
11. Private Military Companies as "Persons who Accompany the Armed Forces", Giulio Bartolini
12. Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues, Luisa Vierucci
13. Children's Rights: The Potential Impact of Private Military and Security Companies, Christine Bakker and Susanna Greijer
14. Women and Private Military and Security Companies, Ana Filipa Vrdoljak
15. Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law, Valentina Falco
16. Old Concepts and New Challenges: Are Private Contractors the Mercenaries of the 21st Century?, Marina Mancini, Faustin Ntoubandi and Thilo Marauhn
Accountability and Responsibility of Private Contractors
17. The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account, Sorcha MacLeod
18. Codes of Conduct for Private Military and Security Companies: The State of Self-regulation in the Industry, Carsten Hoppe, Ottavio Quirico
19. Institutional Responsibility for Private Military and Security Contractors, Nigel White
20. State Responsibility for Conduct of PMSC Violating Ius ad Bellum, Charlotte Beaucillon, Julian Fernandez and Helene Raspail
Criminal and Civil Liability of Private Military and Security Companies and their Employees
21. The Criminal Responsibility of PMSC Personnel under International Humanitarian Law, Ottavio Quirico
22. Immunity for Private Contractors: Legal Hurdles or Political Snags?, Micaela Frulli
23. Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law, Andrea Atteritano

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)