The legal regime applicable to private military and security company personnel in armed conflicts / Mohamad Ghazi Janaby.
2016
KZ6418.5 .J36 2016 (Map It)
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Items
Details
Title
The legal regime applicable to private military and security company personnel in armed conflicts / Mohamad Ghazi Janaby.
Published
Switzerland : Springer, [2016]
Copyright
©2016
Call Number
KZ6418.5 .J36 2016
ISBN
9783319422305
3319422308
3319422308
Description
xv, 237 pages ; 25 cm
System Control No.
(OCoLC)951761372
Summary
"This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law -- 'mercenary', 'combatant' or 'civilian' -- be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states"--Back cover.
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Table of Contents
1.
Introduction
1
1.1.
Definition of Private Military and Security Companies
1
1.2.
Historical Emergence of Private Military and Security Companies
4
1.3.
Scope of the Subject
8
1.4.
Methodology
9
1.5.
Importance of the Subject
11
References
12
2.
Legal Status of Private Military and Security Company Personnel Used by States
15
2.1.
Private Military and Security Company Personnel as Mercenaries
15
2.1.1.
Legal Definition of Mercenaries
16
2.1.2.
Legal Status of Mercenaries
25
2.1.3.
Comparison Between Private Military and Security Companies and Mercenaries
33
2.2.
Private Military and Security Company Personnel as Combatants
44
2.2.1.
Article 4 of Geneva Convention III
44
2.2.2.
Article 43 of Additional Protocol 1
50
2.3.
Private Military and Security Company Personnel as Civilians
55
2.3.1.
Definition of Civilians
55
2.3.2.
Civilians Accompanying Armed Forces
58
2.3.3.
Direct Participation in Hostilities
61
2.4.
Conclusion
74
References
75
3.
Legal Status of Private Military and Security Company Personnel Protecting Humanitarian Organisations
83
3.1.
Introduction
83
3.2.
Legal Framework Surrounding the Provision of Humanitarian Assistance
84
3.2.1.
Humanitarian Assistance in International Armed Conflicts
85
3.2.2.
Humanitarian Assistance in Non-international Armed Conflicts
87
3.3.
Legal Protection for Humanitarian Organisations
89
3.4.
Armed Protection of Humanitarian Organisations
93
3.5.
Legal Status of Private Military and Security Company Personnel
95
3.5.1.
Mercenaries
95
3.5.2.
Civilians
97
3.6.
Conclusion
100
References
100
4.
Legal Status of Private Military and Security Company Personnel Participating in UN Peacekeeping Operations
103
4.1.
Introduction
103
4.1.1.
UN Peacekeeping Operations
105
4.1.2.
Private Military and Security Companies in UN Peacekeeping Operations
107
4.2.
Applicability of International Humanitarian Law to UN Peacekeeping Operations
109
4.3.
Legal Status of Peacekeepers
114
4.3.1.
Peacekeepers Under International Humanitarian Law
114
4.3.2.
Peacekeepers Under UN Documents
115
4.4.
Legal Status of Private Military and Security Company Personnel
118
4.4.1.
Inapplicability of Mercenary Status
118
4.4.2.
Private Military and Security Companies Seconded by States to the UN
119
4.4.3.
Private Military and Security Companies Hired Directly by the UN
122
4.5.
Conclusion
126
References
127
5.
Legal Status of Private Military and Security Company Personnel Used by Armed Groups in Non-international Armed Conflicts
133
5.1.
Introduction
133
5.2.
Definition of Non-international Armed Conflict
133
5.3.
Legal Status of Members of Armed Groups
136
5.4.
Private Military and Security Company Personnel as Members of Armed Groups
140
5.5.
Conclusion
147
References
148
6.
Applicability of International Law to Private Military and Security Companies and Their Personnel
151
6.1.
International Humanitarian Law
152
6.2.
International Human Rights Law
161
6.2.1.
Implementation of International Human Rights Law in Armed Conflicts
162
6.2.2.
Positive Obligations of States Under International Human Rights Law
165
6.2.3.
International Human Rights Obligations of Private Military and Security Companies
173
6.2.4.
Obligations of Private Military and Security Companies Classified as Armed Groups
180
6.2.5.
Obligations of Private Military and Security Companies Classified as Peacekeepers
183
6.3.
Conclusion
186
References
187
7.
International Efforts to Regulate the Activities of Private Military and Security Companies and Their Personnel
195
7.1.
Role of the United Nations
196
7.1.1.
UN Working Group on the Use of Mercenaries
196
7.1.2.
UN Draft Convention on Private Military and Security Companies
199
7.1.3.
Regulating the Use of Private Military and Security Companies in UN Operations
211
7.2.
International Initiatives
212
7.2.1.
Montreux Document
212
7.2.2.
International Code of Conduct for Private Security Companies
219
7.3.
Conclusion
224
References
224
8.
General Conclusion
229
References
237