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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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The Privatization of Peacekeeping: Exploring Limits and Responsibility Under International Law (eBook)


ISBN13: 9781316780343
Published: October 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £30.99
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Private military and security companies (PMSCs) have been used in every peace operation since 1990 and reliance on them is increasing at a time when peace operations themselves are becoming ever more complex.

This book provides an essential foundation for the emerging debate on the use of PMSCs in this context. It clarifies key issues such as whether their use complies with the principles of peacekeeping, outlines the implications of the status of private contractors as non-combatants under international humanitarian law, and identifies potential problems in holding states and international organizations responsible for their unlawful acts.

Written as a clarion call for greater transparency, this book aims to inform the discussion to ensure that international lawyers and policy makers ask the right questions and take the necessary steps so that states and international organizations respect the law when endeavouring to keep peace in an increasingly privatized world.

Subjects:
Public International Law, eBooks
Contents:
Introduction

PART I. UN Use Of PMSCS: The Current Situation
1. Contracting by the UN: Policy and practice
2. Survey of existing opinion and practice on the possibility of PMSCs as the military component of a UN peace operation

PART II: The Legal Framework Of UN Peace Operations And The Use Of PMSCS
Introduction
3. The legal basis for peacekeeping/peace operations
4. Principles of peacekeeping
5. PMSCs as the military or police component of the peace operation
6. The law applicable to peace operations

PART III. PMSCS And Direct Participation In Hostilities
Introduction
7. The Status of PMSC Personnel under IHL
8. The Impact of Civilian Status on the Rights and Duties of PMSCs: Direct Participation in Hostilities
9. The Use of Force by PMSC Personnel in Self-Defence
10. The use of force in self-defence in peace operations
11. Human Rights Law

PART IV. Responsibility
Introduction
12. Attribution of the actions PMSCs active in peace operations to states
13. Responsibility of international organizations
14. Implementation of responsibility
15. Criminal responsibility

Conclusion