Privatizing War

Private Military and Security Companies under Public International Law

Lindsey Cameron, Vincent Chetail

• Publisher: Cambridge University Press
• Year: 2013
• Print ISBN: 9781107032408
• eBook ISBN: 9781107331174
• Topic: Law
• Subtopic: International Law
• Index: Law

A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.

Table of contents

• Contents
• Foreword
• Acknowledgements
• Table of cases
• Acronyms
• Introduction
• 1 The limits on the right to resort to PMSCs
• 2 The international responsibility of states and its relevance for PMSCs*
• 3 The legal means through which PMSCs are bound by IHL
• 4 The legal rules applicable to PMSCs and their personnel
• 5 The implementation of responsibility arising from violations of international law by PMSCs*
• General Conclusion
• Selected bibliography
• Index