- 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
Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State
Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State
- Chapter:
- (p.130) 7 Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State
- Source:
- War by Contract
- Author(s):
Christine Bakker
- Publisher:
- Oxford University Press
This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them and to prosecute their perpetrators; and to provide reparations to the victims. The lack of institutional capacities often precludes full compliance with these obligations, and military occupation or other forms of effective control by third states may give rise to extra-territorial application of human rights duties. The host state can be held accountable for violation of a positive obligation, when violations occur outside the scope of effective control by a third state, and where the institutional capacities are sufficiently developed to comply with at least some of these duties. The chapter argues that the human rights obligations of the host state must be implemented in a perspective of substantive complementarity with the obligations of the hiring state and the home state.
Keywords: host state, positive human rights obligations, complementarity, institutional capacities, effective control, duty to prevent, duty to investigate, duty to prosecute, effective remedy, reparations
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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
