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 organisations, 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.
Security and Policy Perspectives 1: Eugenio Cusumano: Policy Prospects for Regulating Private Military and Security Companies 2: Natalino Ronzitti: The Use of Private Contractors in the Fight against Piracy: Policy Options Human Rights 3: Federico Lenzerini and Francesco Francioni: The Role of Human Rights in the Regulation of Private Military and Security Companies 4: Ieva Kalnina and Ugis Zeltins: The Impact of the EU Human Rights System on Operations of Private Military and Security Companies 5: Francesco Francioni: The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors 6: Carsten Hoppe: Positive Human Rights Obligations of the Hiring State in Connection with the Provision of Coercive Services by a Private Military And Security Company 7: Christine Bakker: Duties to Prevent, Investigate and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State 8: Giulia Pinzauti: Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights 9: Guido Den Dekker and Eric Myjer: The Right to Life and Self-Defence of Private Military and Security Contractors in Armed Conflict International Humanitarian Law 10: Luisa Vierucci: Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues 11: Giulio Bartolini: Private Military Companies as Persons who Accompany the Armed Forces 12: Luisa Vierucci: Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues 13: Christine Bakker and Susanna Greijer: Children's Rights: The Potential Impact of Private Military and Security Companies 14: Ana Filipa Vrdoljak: Women and Private Military and Security Companies 15: Valentina Falco: Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law 16: Marina Mancini, Faustin Ntoubandi and Thilo Marauhn: Old Concepts and New Challenges: Are Private Contractors the Mercenaries of the 21st Century? Accountability and Responsibility of Private Contractors 17: Sorcha MacLeod: The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account 18: Carsten Hoppe, Ottavio Quirico: Codes of Conduct for Private Military and Security Companies: The State of Self-regulation in the Industry 19: Nigel White: Institutional Responsibility for Private Military and Security Contractors 20: Charlotte Beaucillon, Julian Fernandez and Helene Raspail: State Responsibility for Conduct of PMSC Violating Ius ad Bellum Criminal and Civil Liability of Private Military and Security Companies and their Employees 21: Ottavio Quirico: The Criminal Responsibility of PMSC Personnel under International Humanitarian Law 22: Micaela Frulli: Immunity for Private Contractors: Legal Hurdles or Political Snags? 23: Andrea Atteritano: Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law
Francesco Francioni has a doctorate in law from the University of Florence and an LLM from Harvard. He 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. 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 been 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).
Reviews for War by Contract: Human Rights, Humanitarian Law, and Private Contractors
...the most comprehensive and up-to-date volume that grapples with the thorny issues surrounding PMSCs...that is currently available...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 War by Contract is an impressive achievement and it would not be surprising if it became the definitive work in this area. War by Contract is certainly the most comprehensive and up-to-date volume that engages with the issues surrounding PMSCs, viewed from the perspective of international human rights and international humanitarian law, which is currently available Maria D Sommardahl, Nordic Law Review