State Control Over Private Military And Security Companies In Armed Conflict
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State Control Over Private Military And Security Companies In Armed Conflict
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Author : Hannah Tonkin
language : en
Publisher: Cambridge University Press
Release Date : 2011-08-11
State Control Over Private Military And Security Companies In Armed Conflict written by Hannah Tonkin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-11 with Law categories.
The past two decades have witnessed the rapid proliferation of private military and security companies (PMSCs) in armed conflicts around the world, with PMSCs participating in, for example, offensive combat, prisoner interrogation and the provision of advice and training. The extensive outsourcing of military and security activities has challenged conventional conceptions of the state as the primary holder of coercive power and raised concerns about the reduction in state control over the use of violence. Hannah Tonkin critically analyses the international obligations on three key states - the hiring state, the home state and the host state of a PMSC - and identifies the circumstances in which PMSC misconduct may give rise to state responsibility. This analysis will facilitate the assessment of state responsibility in cases of PMSC misconduct and set standards to guide states in developing their domestic laws and policies on private security.
Private Military And Security Companies
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Author : Andrew Alexandra
language : en
Publisher: Routledge
Release Date : 2009-10-16
Private Military And Security Companies written by Andrew Alexandra and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-16 with History categories.
Over the past twenty years, Private Military and Security Companies (PMSCs) have become significant elements of national security arrangements, assuming many of the functions that have traditionally been undertaken by state armies. Given the centrality of control over the use of coercive force to the functioning and identity of the modern state, and to international order, these developments clearly are of great practical and conceptual interest. This edited volume provides an interdisciplinary overview of PMSCs: what they are, why they have emerged in their current form, how they operate, their current and likely future military, political, social and economic impact, and the moral and legal constraints that do and should apply to their operation. The book focuses firstly upon normative issues raised by the development of PMSCs, and then upon state regulation and policy towards PMSCs, examining finally the impact of PMSCs on civil-military relations. It takes an innovative approach, bringing theory and empirical research into mutually illuminating contact. Includes contributions from experts in IR, political theory, international and corporate law, and economics, and also breaks important new ground by including philosophical discussions of PMSCs.
Private Military And Security Contractors
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Author : Jr. Schaub, Gary
language : en
Publisher: Rowman & Littlefield
Release Date : 2016-06-16
Private Military And Security Contractors written by Jr. Schaub, Gary and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-16 with Political Science categories.
A multinational team of scholars and experts address the issue of controlling the use of privatized forces by states. They address the role of contract employees, their acceptance by military personnel, and possible tensions between them.
From Mercenaries To Market
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Author : Simon Chesterman
language : en
Publisher: Oxford University Press
Release Date : 2007-07-12
From Mercenaries To Market written by Simon Chesterman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-12 with Business & Economics categories.
Frequently characterized as either mercenaries in modern guise or the market's response to a security vaccuum, private military companies are commercial firms offering military services ranging from combat and military training and advice to logistical support, and which play an increasingly important role in armed conflicts, UN peace operations, and providing security in unstable states. This work analyzes the current legal framework and the needs and possibilities for regulation in the years ahead, organized around four sets of questions, which are reflected in the four parts of the book. First, why and how is regulation of PMCs now a challenging issue? Secondly, how have problems leading to a call for regulation manifested in different regions and contexts? Third, what regulatory norms and institutions currently exist and how effective are they? And, fourth, what role has the market to play in regulation?
Private Military And Security Companies Pmscs And The Quest For Accountability
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Author : George Andreopoulos
language : en
Publisher: Routledge
Release Date : 2019-03-18
Private Military And Security Companies Pmscs And The Quest For Accountability written by George Andreopoulos and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-18 with History categories.
Private Military and Security Companies (PMSCs) have constituted a perennial feature of the security landscape. Yet, it is their involvement in and conduct during the ongoing wars in Iraq and Afghanistan that have transformed the outsourcing of security services into such a pressing public policy and world-order issue. The PMSCs’ ubiquitous presence in armed conflict situations, as well as in post-conflict reconstruction, their diverse list of clients (governments in the developed and developing world, non-state armed groups, intergovernmental and non-governmental organizations, and international corporations) and, in the context of armed conflict situations, involvement in instances of gross misconduct, have raised serious accountability issues. The prominence of PMSCs in conflict zones has generated critical questions concerning the very concept of security and the role of private force, a rethinking of "essential governmental functions," a rearticulation of the distinction between public/private and global/local in the context of the creation of new forms of "security governance," and a consideration of the relevance, as well as limitations, of existing regulatory frameworks that include domestic and international law (in particular international human rights law and international humanitarian law). This book critically examines the growing role of PMSCs in conflict and post-conflict situations, as part of a broader trend towards the outsourcing of security functions. Particular emphasis is placed on key moral, legal, and political considerations involved in the privatization of such functions, on the impact of outsourcing on security governance, and on the main challenges confronting efforts to hold PMSCs accountable through a combination of formal and informal, domestic as well as international, regulatory mechanisms and processes. It will be of interest to scholars, policymakers, practitioners and advocates for a more transparent and humane security order. This book was published as a special issue of Criminal Justice Ethics.
Private Security Public Order
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Author : Simon Chesterman
language : en
Publisher: OUP Oxford
Release Date : 2009-11-05
Private Security Public Order written by Simon Chesterman and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-05 with Law categories.
Private actors are increasingly taking on roles traditionally arrogated to the state. Both in the industrialized North and the developing South, functions essential to external and internal security and to the satisfaction of basic human needs are routinely contracted out to non-state agents. In the area of privatization of security functions, attention by academics and policy makers tends to focus on the activities of private military and security companies, especially in the context of armed conflicts, and their impact on human rights and post-conflict stability and reconstruction. The first edited volume emerging from New York University School of Law's Institute for International Justice project on private military and security companies, From Mercenaries to Market: The Rise and Regulation of Private Military Companies broadened this debate to situate the private military phenomenon in the context of moves towards the regulation of activities through market and non-market mechanisms. Where that first volume looked at the emerging market for use of force, this second volume looks at the transformations in the nature of state authority. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, the book examines private military and security companies through the wider lens of private actors performing public functions. In the past two decades, the responsibilities delegated to such actors - especially but not only in the United States - have grown exponentially. The central question of this volume is whether there should be any limits on government capacity to outsource traditionally "public" functions. Can and should a government put out to private tender the fulfilment of military, intelligence, and prison services? Can and should it transfer control of utilities essential to life, such as the supply of water? This discussion incorporates numerous perspectives on regulatory and governance issues in the private provision of public functions, but focuses primarily on private actors offering services that impact the fundamental rights of the affected population.
Private Security Contractors And New Wars
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Author : Kateri Carmola
language : en
Publisher: Routledge
Release Date : 2010-02-05
Private Security Contractors And New Wars written by Kateri Carmola and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-05 with History categories.
This book addresses the ambiguities of the growing use of private security contractors and provides guidance as to how our expectations about regulating this expanding ‘service’ industry will have to be adjusted. In the warzones of Iraq and Afghanistan many of those who carry weapons are not legally combatants, nor are they protected civilians. They are contracted by governments, businesses, and NGOs to provide armed security. Often mistaken as members of armed forces, they are instead part of a new protean proxy force that works alongside the military in a multitude of shifting roles, and overseen by a matrix of contracts and regulations. This book analyzes the growing industry of these private military and security companies (PMSCs) used in warzones and other high risk areas. PMSCs are the result of a unique combination of circumstances, including a change in the idea of soldiering, insurance industry analyses that require security contractors, and a need for governments to distance themselves from potentially criminal conduct. The book argues that PMSCs are a unique type of organization, combining attributes from worlds of the military, business, and humanitarian organizations. This makes them particularly resistant to oversight. The legal status of these companies and those they employ is also hard to ascertain, which weakens the multiple regulatory tools available. PMSCs also fall between the cracks in ethical debates about their use, seeming to be both justifiable and objectionable. This transformation in military operations is a seemingly irreversible product of more general changes in the relationship between the individual citizen and the state. This book will be of much interest to students of private security companies, war and conflict studies, security studies and IR in general. Kateri Carmola is the Christian A. Johnson Professor of Political Science at Middlebury College in Vermont. She received her Ph.D. from the University of California, Berkeley.
War By Contract
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Author : Francesco Francioni
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-01-13
War By Contract written by Francesco Francioni and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-13 with History categories.
The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.
Outsorcing Of Security To Private Military Contractors State Responsibilities
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Author : Nicholas Sunday
language : en
Publisher: GRIN Verlag
Release Date : 2013-02-25
Outsorcing Of Security To Private Military Contractors State Responsibilities written by Nicholas Sunday and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-25 with Law categories.
Research Paper (undergraduate) from the year 2012 in the subject Law - Miscellaneous, grade: A, , course: LLM INTERNATIONAL LAW, language: English, abstract: The monopoly of the use of force granted to modern States by its citizens is a relatively new phenomenon. Private armies have been operating in European States till the XIX century. The use of mercenaries has been historically a constant phenomenon till almost the end of the XX century, when their activities were criminalized by the international community. Parallel to that phenomenon during the European colonial expansion over all continents, governments had authorized two other forms of similar violence by non-state actors: the corsairs and the colonial merchant companies.
Privatisation Of Security
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Author : Thomas Mandrup
language : en
Publisher: Royal Danish Defence College
Release Date : 2012-10-15
Privatisation Of Security written by Thomas Mandrup and has been published by Royal Danish Defence College this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-15 with Political Science categories.
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.