War by Contract Human Rights, Humanitarian Law, and Private Contractors

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.

1 - Policy Prospects for Regulating Private Military and Security Companies
2 - The Use of Private Contractors in the Fight against Piracy: Policy Options
3 - The Role of Human Rights in the Regulation of Private Military and Security Companies
4 - The Impact of the EU Human Rights System on Operations of Private Military and Security Companies
5 - The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors
6 - Positive Human Rights Obligations of the Hiring State in Connection with the Provision of Coercive Services by a Private Military And Security Company
7 - Duties to Prevent, Investigate and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State
8 - Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights
9 - The Right to Life and Self-Defence of Private Military and Security Contractors in Armed Conflict
10 - Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues
11 - Private Military Companies as "Persons who Accompany the Armed Forces"
12 - Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues
13 - Children's Rights: The Potential Impact of Private Military and Security Companies
14 - Women and Private Military and Security Companies
15 - Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law
16 - Old Concepts and New Challenges: Are Private Contractors the Mercenaries of the 21st Century?
17 - The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account
18 - Codes of Conduct for Private Military and Security Companies: The State of Self-regulation in the Industry
19 - Institutional Responsibility for Private Military and Security Contractors
20 - State Responsibility for Conduct of PMSC Violating Ius ad Bellum
21 - The Criminal Responsibility of PMSC Personnel under International Humanitarian Law
22 - Immunity for Private Contractors: Legal Hurdles or Political Snags?
23 - 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).