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
