Regulating Private Military Companies
Routledge (Verlag)
978-1-138-61005-7 (ISBN)
This work examines the ability of existing and evolving PMC regulation to adequately control private force, and it challenges the capacity of international law to deliver accountability in the event of private military company (PMC) misconduct. From medieval to early modern history, private soldiers dominated the military realm and were fundamental to the waging of wars until the rise of a national citizen army. Today, PMCs are again a significant force, performing various security, logistics, and strategy functions across the world. Unlike mercenaries or any other form of irregular force, PMCs acquired a corporate legal personality, a legitimising status that alters the governance model of today. Drawing on historical examples of different forms of governance, the relationship between neoliberal states and private military companies is conceptualised here as a form of a ‘shared governance'. It reflects states’ reliance on PMCs relinquishing a degree of their power and transferring certain functions to the private sector. As non-state actors grow in authority, wielding power, and making claims to legitimacy through self-regulation, other sources of law also become imaginable and relevant to enact regulation and invoke responsibility.
Katerina Galai is a defence and security analyst at RAND Europe, a non-for-profit research institute, based in Cambridge, UK.
Table of Contents
Introduction
Introduction
Conceptual framework
Power and Legitimacy
Identifying forms of governance
Chapter Outline
Chapter 1: Private Military Companies, a contemporary problem?
Mercenaries, Contractors, Civilians
Definition of Private Military Companies
Challenges of the Definitions
PMC Classification
Regulation and accountability: who should be regulated and to what end?
Regulation
The Purpose of Regulation
Accountability
Conclusion
Chapter 2: Private forces in different forms of governance: historical typologies
Feudalism and Absolutism
Professional Armies
Italian City-Republics and Civilian Militia
Civilian Militia as a Norm Against Mercenaries
The French Revolution and the Nation-State
La Levée en Masse
The British Empire and the EIC
The EIC and its Accession to Power
The Army of the EIC
Was the Army of the EIC Private or Public?
Normative Approaches to Mercenaries
Conclusion
Chapter 3: Mercenaries of the Twentieth Century and State Responsibility
The Rise of International Legal Norms
Non-Intervention as an International Legal Norm
Decolonisation and Proxy Warfare
Decline of Non-Interventionism
Mercenary Forces in the Congo and Angola
International Legal Response to the Use of Irregular Forces
Anti-Mercenary Norms
The Nicaragua Case
Conclusion
Chapter 4: New Wars, Neoliberalism, and the Rise of PMCs
New Wars and the Rise of PMCs
Neoliberalism
Accountability and State Control
Governance and Governmentality
Conclusion
Chapter 5: Legal mechanisms and challenges in invoking individual and state responsibility for PMCs
Between civilians and combatants: responsibility and impunity of private contractors
Legitimacy of private contractors
Status of a non-combatant
Proximity to conflict
International dimension
State as a client and the main actor in international law
IHL and state responsibility for PMCs: Gaps in the ILC Articles on Attribution of Conduct
States as PMC Clients and Limitations of Contract Law
State-Centric Regulation Concerning PMCs
Conclusion
Chapter 6: The role of international regulation and the growing power and legitimacy of companies
The Human Rights Regime: UN Guiding Principles, UN Resolution 26/9, UN Draft Convention
UN Draft Convention
Industry-Focus Regulation: the ICoC, the Montreux Document and Other Industry Bodies
Corporation as a form of governance
Conclusion
Chapter 7: Limitations and opportunities arising from the corporate status of PMCs: domestic and transnational procedure for invoking corporate responsibility
Procedural Obstacles
Territorial Limitations & Examples of Domestic Jurisdiction on PMCs
Civil procedure in establishing corporate accountability in tort law
(Establishing) Corporate responsibility for international crimes
Conclusion
Chapter 8: Exploring the mechanisms of international criminal law to develop corporate accountability for PMCs
International criminal law and possible lineages of corporate responsibility
Limitations of international criminal legal procedure
Lessons from addressing international crimes through ICL and possible lineages of international criminal responsibility
Universal Jurisdiction and Piracy
War Crimes and Crimes Against Humanity
Considerations and opportunities for future regulation
Criminalising Mercenarism
Include Corporations (or at least PMCs) in the Jurisdiction of the Rome Statute
‘Pairing’ ICL to Domestic Legal Systems
Employing Transnational Law to Construct Corporate Criminal Responsibility
Conclusion
Index
| Erscheinungsdatum | 01.04.2019 |
|---|---|
| Verlagsort | London |
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Gewicht | 453 g |
| Themenwelt | Geschichte ► Teilgebiete der Geschichte ► Militärgeschichte |
| Recht / Steuern ► Allgemeines / Lexika | |
| Recht / Steuern ► Arbeits- / Sozialrecht ► Sozialrecht | |
| Recht / Steuern ► EU / Internationales Recht | |
| Sozialwissenschaften ► Politik / Verwaltung | |
| Wirtschaft ► Volkswirtschaftslehre ► Wirtschaftspolitik | |
| ISBN-10 | 1-138-61005-4 / 1138610054 |
| ISBN-13 | 978-1-138-61005-7 / 9781138610057 |
| Zustand | Neuware |
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