- 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
The Role of Human Rights in the Regulation of Private Military and Security Companies
The Role of Human Rights in the Regulation of Private Military and Security Companies
- Chapter:
- (p.55) 3 The Role of Human Rights in the Regulation of Private Military and Security Companies
- Source:
- War by Contract
- Author(s):
Federico Lenzerini
Francesco Francioni (Contributor Webpage)
- Publisher:
- Oxford University Press
Activity of PMSCs entail in principle a number of different levels of international responsibility: that of the PMSCs as single entities, that of their employees in their individual capacity, and that of the States which in different capacities are connected to their services, i.e., the hiring State, the territorial State — if different from the latter — and the home State, being the one where the company is registered and based. This chapter examines the human rights standards applicable to PMSCs operations with respect to all these different layers of obligations arising from treaty law and customary international law. These layers include, at least, the obligation to respect and protect the rights and freedoms recognised by the relevant international instruments and the duty to remedy their possible violation.
Keywords: human rights, international responsibility, employees, hiring State, territorial State, home State
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- 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
