Regulating Private Military Companies
Regulating Private Military Companies

Author: Katerina Galai

Publisher: Routledge

Published: 2020-12-18

Total Pages: 210

ISBN-13: 9780367671037

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This work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a 'shared governance'. It reflects states' reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.

Private Military and Security Companies
Private Military and Security Companies

Author: Thomas Jäger

Publisher: Springer Science & Business Media

Published: 2009-04-23

Total Pages: 489

ISBN-13: 3531903136

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Private Sicherheits- und Militärunternehmen erleben seit den 1990er Jahren einen außerordentlichen Boom und sind derzeit eines der spannendsten Phänomene in den internationalen Beziehungen. Die Palette der von ihnen angebotenen Dienstleistungen ist groß. Sie reichen von logistischer Unterstützung über Aufklärung bis hin zu Kampfeinsätzen. Zu ihren Kunden zählen Regierungen, Wirtschaftsunternehmen, internationale Organisationen, NGOs, humanitäre Organisationen sowie Privatpersonen. Gegenwärtig lässt sich an den Auseinandersetzungen im Irak sowohl die Aktualität wie auch die Brisanz ihres Einsatzes illustrieren, gibt es doch Anzeichen dafür, dass Beschäftigte solcher Unternehmen u.a. in die Folterung von Gefangenen verwickelt sind. Die Beiträge des Sammelbandes aus der Feder nationaler wie internationaler Expertinnen und Experten beschreiben und analysieren verschiedene Typen von privaten Sicherheits- und Militärunternehmens, ihre Dienstleistungen und die Umstände, die ihren Boom befördert haben. Sie diskutieren die Vor- wie auch die Nachteile ihres Einsatzes und beschreiben Instrumente, die die Tätigkeit dieser Unternehmen stärker reglementieren und kontrollieren könnten.

From Mercenaries to Market
From Mercenaries to Market

Author: Simon Chesterman

Publisher: OUP Oxford

Published: 2009

Total Pages: 287

ISBN-13: 9780199563890

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Frequently characterised as either mercenaries in modern guise or the market's response to a security vacuum, 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.Executive Outcomes turned around an orphaned conflict in Sierra Leone in the mid-1990s; Military Professional Resources Incorporated (MPRI) was instrumental in shifting the balance of power in the Balkans, enabling the Croatian military to defeat Serb forces and clear the way for the Dayton negotiations; in Iraq, estimates of the number of private contractors on the ground are in the tens of thousands. As they assume more responsibilities in conflict and post-conflict settings, their growing significance raises fundamental questions about their nature, their role in different regions and contexts, and their regulation.From Mercenaries to Market examines these issues with a focus on governance, in particular the interaction between regulation and market forces. It analyses the current legal framework and the needs and possibilities for regulation in the years ahead. The book as a whole is organised around four sets of questions, which are reflected in the four parts of the book. Why and how is regulation of PMCs now a challenging issue? How have problems leading to a call for regulation manifested in different regions and contexts? What regulatory norms and institutions currently exist and how effective are they? What role has the market to play in regulation?

Mercenaries
Mercenaries

Author: Abdel-Fatau Musah

Publisher: Pluto Press

Published: 2000

Total Pages: 354

ISBN-13: 9780745314716

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Second volume of Deutscher prize-winning trilogy on the future of IR, tracing the defining characteristics of 'foreign encounters' over time.

Private Military and Security Companies as Legitimate Governors
Private Military and Security Companies as Legitimate Governors

Author: Berenike Prem

Publisher: Gower Publishing Company, Limited

Published: 2020

Total Pages: 0

ISBN-13: 9781138330436

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This book examines the legitimation of Private Military and Security Companies (PMSCs), focusing on the controversy between PMSCs and Non-Governmental Organizations (NGOs). While existing studies disproportionately emphasise the ability for companies and their clients to dominate and shape perceptions of the industry, this book offers an alternative explanation for the oft-cited normalization of PMSCs and the trend to privatise security by analysing the changing relationship between PMSCs and NGOs. It uses the concept of 'norm entrepreneurship' to elucidate the legitimation game between these two dissimilar actors. Starting from the 1990s, the book shows that the relationship between PMSCs and NGOs has undergone a transition by literally moving from 'the barricades to the boardrooms'. After years of fierce advocacy and PR campaigns against PMSCs, today both actors increasingly collaborate in multi-stakeholder initiatives, elevating the status of PMSCs from a scorned actor to a trusted partner in the regulation of the industry. The work offers a comprehensive explanation of when and why this kind of collective norm entrepreneurship is likely to occur. This book will be of interest to students of private military and security companies, critical security studies, global governance, international norms, and International Relations. usted partner in the regulation of the industry. The work offers a comprehensive explanation of when and why this kind of collective norm entrepreneurship is likely to occur. This book will be of interest to students of private military and security companies, critical security studies, global governance, international norms, and International Relations.

Private Military and Security Companies
Private Military and Security Companies

Author: Erika Calazans

Publisher: Cambridge Scholars Publishing

Published: 2016-05-11

Total Pages: 175

ISBN-13: 1443893951

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This book’s primary concern is the application of International Humanitarian Law and International Human Rights Law in addressing the business conduct of Private Military and Security Companies (PMSCs) during armed conflicts, as well as state responsibility for human rights violations and current attempts at international regulation. The book discusses four interconnected themes. First, it differentiates private contractors from mercenaries, presenting an historical overview of private violence. Second, it situates PMSCs’ employees under the legal status of civilian or combatant in accordance with the Third and Fourth Geneva Conventions of 1949. It then investigates the existing law on state responsibility and what sort of responsibility companies and their employees can face. Finally, the book explores current developments on regulation within the industry, on national, regional and international levels. These themes are connected by the argument that, in order to find gaps in the existing laws, it is necessary to establish what they are, what law is applicable and what further developments are needed.

Private Security, Public Order
Private Security, Public Order

Author: Simon Chesterman

Publisher: OUP Oxford

Published: 2009-11-05

Total Pages: 272

ISBN-13: 0191610275

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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.

Multilevel Regulation of Military and Security Contractors
Multilevel Regulation of Military and Security Contractors

Author: Christine Bakker

Publisher: Bloomsbury Publishing

Published: 2012-02-10

Total Pages: 431

ISBN-13: 1847319009

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The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.

State Control over Private Military and Security Companies in Armed Conflict
State Control over Private Military and Security Companies in Armed Conflict

Author: Hannah Tonkin

Publisher: Cambridge University Press

Published: 2011-08-11

Total Pages: 339

ISBN-13: 1139499459

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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.

Corporate Soldiers and International Security
Corporate Soldiers and International Security

Author: Christopher Kinsey

Publisher: Routledge

Published: 2006-06-07

Total Pages: 209

ISBN-13: 1134214103

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This book traces the history of private military companies, with a special focus on UK private forces. Christopher Kinsey examines the mercenary companies that filled the ranks of many European armies right up to the 1850s, the organizations that operated in Africa in the 1960s and early 1970s, the rise of legally established private military companies in the late 1970s and early 1980s, and today’s private and important actors in international security and post-conflict reconstruction. He shows how and why the change from the mercenary organizations of the 1960s and 1970s came about, as the increasing newness of private military companies came to be recognised. It then examines how PMCs have been able to impact upon international security. Finally, Kinsey looks at the type of problems and advantages that can arise for organizations that decide to use private military companies and how they can make an unique contribution to international security. Corporate Soldiers and International Security will be of great interest to all students of international politics, security studies and war studies.