- 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
Positive Human Rights Obligations of the Hiring State in Connection with the Provision of ‘Coercive Services’ by a Private Military or Security Company
Positive Human Rights Obligations of the Hiring State in Connection with the Provision of ‘Coercive Services’ by a Private Military or Security Company
- Chapter:
- (p.111) 6 Positive Human Rights Obligations of the Hiring State in Connection with the Provision of ‘Coercive Services’ by a Private Military or Security Company
- Source:
- War by Contract
- Author(s):
Carsten Hoppe
- Publisher:
- Oxford University Press
This chapter discusses the positive obligations under human rights law of states (contracting states) hiring private military and security companies (PMSCs) in situations of conflict. Based on analysis of the (quasi-)jurisprudence of the Human Rights Committee, the Inter-American Court of Human Rights and the European Court of Human Rights, it is demonstrated that, where violations have already occurred or have been alleged, the duty to investigate, prosecute, and punish obligates states to provide for a structure facilitating the reporting, follow up, and processing through the system of justice of such allegations. These provisions can, for the most part, be extended to the conduct of third persons and thus also to contractors providing coercive services, even where their conduct may not be attributable to the state under the law of state responsibility.
Keywords: positive obligations, human rights law, conflict, violations, allegations, state responsibility
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
