- Title Pages
- Acknowledgements
- Table of Cases
- Table of Treaties, Legislation, and Other International Instruments
- Table of Reports and Other Documents
- List of Abbreviations
- List of Contributors
- Introduction
- 1 Policy Prospects for Regulating Private Military and Security Companies
- 2 The Use of Private Contractors in the Fight against Piracy: Policy Options
- 3 The Role of Human Rights in the Regulation of Private Military and Security Companies
- 4 The Impact of the EU Human Rights System on Operations of Private Military and Security Companies
- 5 The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors
- 6 Positive Human Rights Obligations of the Hiring State in Connection with the Provision of ‘Coercive Services’ by a Private Military or Security Company
- 7 Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State
- 8 Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights
- 9 The Right to Life and Self-defence of Private Military and Security Contractors in Armed Conflict
- 10 Status of Private Military and Security Company Personnel in the Law of International Armed Conflict
- 11 Private Military and Security Contractors as ‘Persons who Accompany the Armed Forces’
- 12 Private Military and Security Companies in Non-international Armed Conflicts: <i>Ius ad Bellum</i> and <i>Ius in Bello</i> Issues
- 13 Children's Rights: The Potential Impact of Private Military and Security Companies
- 14 Women and Private Military and Security Companies
- 15 Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law
- 16 Old Concepts and New Challenges
- 17 The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account
- 18 Codes of Conduct for Private Military and Security Companies
- 19 Institutional Responsibility for Private Military and Security Companies
- 20 State Responsibility for Conduct of Private Military and Security Companies Violating <i>Ius ad Bellum</i>
- 21 The Criminal Responsibility of Private Military and Security Company Personnel under International Humanitarian Law
- 22 Immunity for Private Military Contractors: Legal Hurdles or Political Snags?
- 23 Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law
- Bibliography
- Index
Institutional Responsibility for Private Military and Security Companies
Institutional Responsibility for Private Military and Security Companies
- Chapter:
- (p.381) 19 Institutional Responsibility for Private Military and Security Companies
- Source:
- War by Contract
- Author(s):
Nigel D White (Contributor Webpage)
- Publisher:
- Oxford University Press
This chapter analyses the issue of legal responsibility arising from the trend among international organizations to use the services of private actors within peace operations. It has been argued in the literature that suitably controlled and regulated the use of contractors by the United Nations, European Union, and other organizations would bring significant benefits, not only in terms of cost-savings but also in terms of a removal of institutional dependence on voluntary and often under-equipped contributions from member states. While recognising the benefits to organizations that the greater use of contractors might bring, the chapter is concerned with issues of accountability and access to justice when human rights abuse has been committed by contractors. For the purposes of attribution of wrongful acts and omissions, it considers whether the effective control test is the most appropriate one for private contractors working for organizations or for troops contributing nations involved in institutionally mandated peace operations.
Keywords: peace operations, private actors, attribution of acts, omissions, accountability, remedies, access to justice
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .
- Title Pages
- Acknowledgements
- Table of Cases
- Table of Treaties, Legislation, and Other International Instruments
- Table of Reports and Other Documents
- List of Abbreviations
- List of Contributors
- Introduction
- 1 Policy Prospects for Regulating Private Military and Security Companies
- 2 The Use of Private Contractors in the Fight against Piracy: Policy Options
- 3 The Role of Human Rights in the Regulation of Private Military and Security Companies
- 4 The Impact of the EU Human Rights System on Operations of Private Military and Security Companies
- 5 The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors
- 6 Positive Human Rights Obligations of the Hiring State in Connection with the Provision of ‘Coercive Services’ by a Private Military or Security Company
- 7 Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State
- 8 Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights
- 9 The Right to Life and Self-defence of Private Military and Security Contractors in Armed Conflict
- 10 Status of Private Military and Security Company Personnel in the Law of International Armed Conflict
- 11 Private Military and Security Contractors as ‘Persons who Accompany the Armed Forces’
- 12 Private Military and Security Companies in Non-international Armed Conflicts: <i>Ius ad Bellum</i> and <i>Ius in Bello</i> Issues
- 13 Children's Rights: The Potential Impact of Private Military and Security Companies
- 14 Women and Private Military and Security Companies
- 15 Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law
- 16 Old Concepts and New Challenges
- 17 The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account
- 18 Codes of Conduct for Private Military and Security Companies
- 19 Institutional Responsibility for Private Military and Security Companies
- 20 State Responsibility for Conduct of Private Military and Security Companies Violating <i>Ius ad Bellum</i>
- 21 The Criminal Responsibility of Private Military and Security Company Personnel under International Humanitarian Law
- 22 Immunity for Private Military Contractors: Legal Hurdles or Political Snags?
- 23 Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law
- Bibliography
- Index
