War by Contract

Human Rights, Humanitarian Law, and Private Contractors

Edited by Francesco Francioni and Natalino Ronzitti

Provides a comprehensive analysis of the application of human rights and international humanitarian law to the work of private military and security companies
Addresses questions of a highly topical nature, such as the use of private contractors in the fight against piracy, the accountability and criminal and civil liability of such contractors, and remedies available to victims
Combines legal research with an analysis of how policies are shaped, highlighting the need for legal analysis in a politically sensitive field

War by Contract

Human Rights, Humanitarian Law, and Private Contractors

Edited by Francesco Francioni and Natalino Ronzitti

Description

The growth in scope and importance of the private military and security industry in the past decade has challenged the role of the state as the main provider of defence and security functions. At the same time it has put under stress the state's authority to properly oversee the conduct of private contractors and has raised the question of whether existing rules of domestic law and international law are adequate to ensure their accountability in the event of abuse. This book addresses this question through the lens of international human rights law and international humanitarian law. It presents a systematic analysis of the way in which these two bodies of international law, applicable in times of peace and in the event of armed conflict, may be interpreted and implemented in a way so as to fill possible accountability gaps.

Human rights and humanitarian law obligations are analysed from the point of view of their applicability to the states involved, to international organizations, and to the companies and their individual employees. Victims' access to civil remedies and the criminal prosecution of private contractors, as well as new policy issues, such as the use of private contractors in the fight against piracy, are also covered in the book.

War by Contract

Human Rights, Humanitarian Law, and Private Contractors

Edited by Francesco Francioni and Natalino Ronzitti

Security and Policy Perspectives
1. Policy Prospects for Regulating Private Military and Security Companies, Eugenio Cusumano
2. The Use of Private Contractors in the Fight against Piracy: Policy Options, Natalino Ronzitti
Human Rights
3. The Role of Human Rights in the Regulation of Private Military and Security Companies, Federico Lenzerini and Francesco Francioni
4. The Impact of the EU Human Rights System on Operations of Private Military and Security Companies, Ieva Kalnina and Ugis Zeltins
5. The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors, Francesco Francioni
6. Positive Human Rights Obligations of the Hiring State in Connection with the Provision of Coercive Services by a Private Military And Security Company, Carsten Hoppe
7. Duties to Prevent, Investigate and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State, Christine Bakker
8. Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights, Giulia Pinzauti
9. The Right to Life and Self-Defence of Private Military and Security Contractors in Armed Conflict, Guido Den Dekker and Eric Myjer
International Humanitarian Law
10. Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues, Luisa Vierucci
11. Private Military Companies as "Persons who Accompany the Armed Forces", Giulio Bartolini
12. Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues, Luisa Vierucci
13. Children's Rights: The Potential Impact of Private Military and Security Companies, Christine Bakker and Susanna Greijer
14. Women and Private Military and Security Companies, Ana Filipa Vrdoljak
15. Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law, Valentina Falco
16. Old Concepts and New Challenges: Are Private Contractors the Mercenaries of the 21st Century?, Marina Mancini, Faustin Ntoubandi and Thilo Marauhn
Accountability and Responsibility of Private Contractors
17. The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account, Sorcha MacLeod
18. Codes of Conduct for Private Military and Security Companies: The State of Self-regulation in the Industry, Carsten Hoppe, Ottavio Quirico
19. Institutional Responsibility for Private Military and Security Contractors, Nigel White
20. State Responsibility for Conduct of PMSC Violating Ius ad Bellum, Charlotte Beaucillon, Julian Fernandez and Helene Raspail
Criminal and Civil Liability of Private Military and Security Companies and their Employees
21. The Criminal Responsibility of PMSC Personnel under International Humanitarian Law, Ottavio Quirico
22. Immunity for Private Contractors: Legal Hurdles or Political Snags?, Micaela Frulli
23. Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law, Andrea Atteritano

War by Contract

Human Rights, Humanitarian Law, and Private Contractors

Edited by Francesco Francioni and Natalino Ronzitti

Author Information

Francesco Francioni is Professor of international law and human rights at the European University Institute in Florence, where he is also Co-Director of the Academy of European Law. He was previously Professor of international law at the University of Siena and Visiting Professor at the Universities of Oxford, Cornell, and Texas. He has a doctorate in law from the University of Florence and an LLM from Harvard.

Natalino Ronzitti is Professor of international law at the LUISS University School of Law, Rome. He has given conferences and lectures in numerous foreign universities and institutions, including the Hague Academy of International Law. In addition to his academic career, he has occasionally acted as a consultant for the Italian Ministry of Foreign Affairs and the Italian Ministry of Defence. He has also served as Legal Advisor for the Italian Permanent Representative to the Conference on Disarmament (Geneva).

Contributors:

Andrea Atteritano - Research Fellow in International Law, LUISS University; Barrister
Christine Bakker - Research Fellow, Academy of European Law
Giulio Bartolini - Assistant Professor of International Law, University "Roma Tre"
Charlotte Beaucillon - Allocataire de recherche, European University Institute in Florence
Eugenio Cusumano - Ph.D candidate in Political Science, European University Institute
Guido Den Dekker - Researcher and lecturer, Utrecht University
Valentina Falco - Ph.D candidate in international humanitarian law and EU law, European University Institute
Julian Fernandez - Professor of public law, University of Lille Nord de France
Micaela Frulli - Assistant Professor in International Law, University of Florence
Susanna Greijer - Ph.D candidate in International Law, European University Institute
Carsten Hoppe - Ph.D, European University Institute
Ieva Kalnina - Ph.D candidate, European University Institute
Federico Lenzerini - Professor of International Law and EU Law, University of Siena (Italy)
Sorcha MacLeod - Lecturer in Law, University of Sheffield
Marina Mancini - Lecturer in International Law, Mediterranean University of Reggio Calabria
Thilo Marauhn - Professor of Public Law, International Law and European Law, University of Giessen, Germany
Eric Myjer - Professor of Conflict and Security Law, Utrecht University
Faustin Z. Ntoubandi - Assistant Professor in International Law, Justus-Liebig University of Giessen, Germany
Giulia Pinzauti - PhD candidate, European University Institute
Ottavio Quirico - Marie Curie Fellow, University Panthéon-Assas (Paris II)
Hélène Raspail - Ph.D candidate in public international law, University Panthéon-Assas
Mirko Sossai - Lecturer in International law, University "Roma Tre", Italy
Luisa Vierucci - Researcher in international law, University of Florence
Ana Filipa Vrdoljak - Professor, University of Western Australia, Perth
Nigel White - Professor of Public International Law, University of Nottingham
Ugis Zeltins - Researcher, Riga Graduate School of Law, Latvia

War by Contract

Human Rights, Humanitarian Law, and Private Contractors

Edited by Francesco Francioni and Natalino Ronzitti

Reviews and Awards

"The most comprehensive and up-to-date volume that grapples with the thorny issues surrounding PMSCs. The analyses presented will remain continually relevant into the future. An impressive achievement and it would be unsurprising if it became the definitive work in the area." --Hin-Yan Liu, King's College London

"A unique survey of the legal implications of employing private contractors on maritime vessels. A meaningful and necessary first step in such an analysis" --Piracy-law.com

"A thorough, impressively researched, and amply investigated discussion of a timely topic. This book makes an important contribution to this area of law, one that will benefit both policy- and law-makers around the world as they continue to work through the legal implications of the use of PMSCs." --Hannah M. Junkerman, NYU School of Law Journal of International Law and Politics (Vol 45, Issue 3)