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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.
Private military and security companies (PMSCs) have been used in every peace operation since 1990, and reliance on them is increasing at a time when peace operations themselves are becoming ever more complex. This book provides an essential foundation for the emerging debate on the use of PMSCs in this context. It clarifies key issues such as whether their use complies with the principles of peacekeeping, outlines the implications of the status of private contractors as non-combatants under international humanitarian law, and identifies potential problems in holding states and international organizations responsible for their unlawful acts. Written as a clarion call for greater transparency, this book aims to inform the discussion to ensure that international lawyers and policy makers ask the right questions and take the necessary steps so that states and international organizations respect the law when endeavouring to keep peace in an increasingly privatized world.
Meet Blackwater USA, the private army that the US government has quietly hired to operate in international war zones and on American soil. Its contacts run from military and intelligence agencies to the upper echelons of the White House; it has a military base, a fleet of aircraft and 20,000 troops, but since September 2007 the firm has been hit by a series of scandals that, far from damaging the company, have led to an unprecedented period of expansion. This revised and updated edition includes Scahill's continued investigative work into one of the outrages of our time: the privatisation of war.
The aim of this study is to fill a significant gap in the existing literature on the role of non-state actors, ranging from rebels and criminal gangs at one extreme to the corporate security industry at the other. As part of the general privatisation of the security sector in the western world, combined with the US-led war on terror, non-state actors have increasingly been tied to the foreign policy priorities of the dominant western military powers. Iraq and Afghanistan are the examples often used, and are well-described in other chapters in this book. In sub-Saharan Africa, as in many fragile states around the world, this picture is blurred, and it is often difficult to make clear distinctions between public and private, or between illegal and legal etc., (non)-state actors.

According to much of the academic literature, the nature of war changed dramatically in the last part of the twentieth century, especially after the end of the Cold War. According to this logic there is a dichotomy between war as a social phenomenon and warfare as the domain of the state, as envisaged by the late Prussian military theorist, Carl von Clausewitz, in the shape of the “Trinitarian War”. The lack of capacity on the part of predominately Third World states to control conflicts has led to low-intensity conflicts (LIC), which can be witnessed, for instance, in Uganda, the Democratic Republic of Congo, Colombia and Sri Lanka. Since the end of the Cold War it has been common for weak state rulers with formal state legitimacy but not empirical legitimacy to have continued to enjoy international recognition because of international fears that they are the only barrier against a total collapse. Amongst other things this paved the way for an expansion of the market for private military and security companies (PMSC) such as the South African-based Executive Outcomes (EO) in the 1990s. However, the lack of state capacity led to a sub-contracting, willingly or unwillingly, of the state’s monopoly on the use of force to non-state actors, PMSCs and semi-state actors, like local militias, warlords, criminal gangs and vigilant groups, in an attempt to secure weak state leaders’ positions. In the competition for state control internationally recognised leaders have an advantage over their non-state rivals because they can seek military help outside their countries with the agreement of the international community and in accordance with international law.
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.
Due to the continuing expansion of the notion of security, various national, regional and international institutions now find themselves addressing contemporary security issues. While institutions may evolve by adjusting themselves to new challenges, they can also fundamentally alter the intricate balance between security and current legal frameworks. This volume explores the tensions that occur when institutions address contemporary security threats, in both public and international law contexts. As part of the Connecting International with Public Law series, it provides important and valuable insights into the legal issues and perspectives which surround the institutional responses to contemporary security challenges. It is essential reading for scholars, practitioners and policy makers seeking to understand the legal significance of security institutions and the implications of their evolution on the rule of law and legitimacy.
Through an array of theoretical approaches and empirical material, this comprehensive and accessible volume surveys private armed forces and directly challenges conventional stereotypes of security contractors. Private Armed Forces and Global Security: A Guide to the Issues is the first book to provide a comprehensive yet accessible survey of the private military groups involved in conflicts worldwide. Organized around four themes, it covers the history of private military forces since 1600, the main contemporary actors and their defining characteristics, the environments in which private armed forces operate, and provides an analysis of the logic behind privatizing security. This book goes beyond conventional knowledge, offering both a theoretical approach and a new, practical perspective to advance the understanding of the ongoing climate of global instability and relevant players within it. Numerous examples help the reader grasp the full range of real-world challenges and conceptual facets surrounding this fascinating, yet highly polarizing topic.
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.
A comprehensive and detailed analysis of the international legal framework applying to private military and security companies in armed conflict.