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Author Cameron, Lindsey

Title Privatizing War : Private Military and Security Companies under Public International Law
Published Cambridge : Cambridge University Press, 2013
Online access available from:
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Description 1 online resource (758 pages)
Contents Foreword; Acknowledgements; Table of cases; Acronyms; Introduction; 1 The limits on the right to resort to PMSCs; A The limits imposed by international law on the use of armed force -- jus ad bellum; 1 Does the UN Charter prohibit delegation to private companies of states ́ right to use armed force in self-defence?; 2 Private military and security companies in peace support operations; 2.1 Principles of peacekeeping: general issues; 2.1.1 Consent; 2.1.2 Impartiality; 2.1.3 Use of force in self-defence or defence of the mandate; 2.1.3.i Use of force and combatant status
2.2 The rules on establishing peace forces and PMSCs2.2.1 Delegation of the conduct of a peace operation to PMSC; 2.2.1.i Implied powers; 2.2.1.ii The specific rules on delegation; 2.2.1.iii. Conclusion; 2.2.2 Rules on whether the UNSG/UNSC may incorporate a PMSC as the sole contribution of a member state; 2.2.3 Article 43 and/or the establishment of a standby UN force composed of PMSCs; 2.3 Possible related legal problems with PMSC as a peace force; 2.3.1 Discipline; 2.3.2 Status of Forces Agreements; 2.4 Regional organizations conducting peace operations and PMSCs; 2.5 Conclusion
3 Humanitarian organizations and the use of PMSCs4 The prohibition of privateering and the use of private military and security companies; 5 The prohibition of mercenarism; 5.1 Treaty law; 5.2 Customary law?; 6 Conclusion; B The limits imposed by the laws of war -- jus in bello; 1 Treaty-based limitations on the use of PMSCs; 1.1 Administration of POW and internment camps; 1.2 Requisitions; 1.3 Conclusion; 2 Implied limitations; 2.1 Activities reserved for the armed forces; 2.1.1 The conduct of hostilities; 2.1.1.i Military advantage and the principles of necessity and proportionality
2.1.1.ii Distinction2.1.1.iii Organization; 2.1.1.iv Conclusion on conduct of hostilities; 2.1.2 Judicial/tribunal-type decision making; 2.1.3 Maintenance of law and order and public safety; 2.1.4 Making agreements with the other parties to the conflict; 2.2 Limits resulting from the rules on responsibility in IHL; 3 Conclusion; C The limits imposed by IHRL; 1 The legality of delegating law enforcement under IHRL; 1.1 Policing and detention; 1.2 Administration of justice; D Good faith; 1 The principle of good faith in international law; 2 Good faith and PMSCs; E Conclusion
2 The international responsibility of states and its relevance for PMSCs*A Attribution of acts of PMSCs under Article 4 ASR; 1 A PMSC as a de jure state organ; 1.1 The primacy of the domestic legal order in defining state organs; 1.2 The exceptional case of state organs defined by international law; 2 The scope of state responsibility under Articles 4 and 7 ASR; 2.1 The general regime of state responsibility for de jure organs; 2.2 Is there a special responsibility for armed forces in times of international armed conflict?; B The attribution to states of acts of PMSCs under Article 5 ASR
Summary A comprehensive and detailed analysis of the international legal framework applying to private military and security companies in armed conflict
Notes 1 A PMSC as an entity empowered by internal law
Bibliography Includes bibliographical references (pages 678-707) and index
Notes Print version record
Subject Private military companies (International law)
LAW -- International.
Private military companies (International law)
Form Electronic book
Author Chetail, Vincent
LC no. 2012035441
ISBN 9781107335127
9781107336780 (electronic bk.)
1107336783 (electronic bk.)
9781139505864 (electronic bk.)
1139505866 (electronic bk.)
9781107032408 (hardback)
1107032407 (hardback)