The outsourcing of military and security services is the object of intense legal debate. States employ private military and security companies (PMSCs) to perform functions previously exercised by regular armed forces, and increasingly international organisations, NGOs and business corporations do the same to provide security, particularly in crisis situations. Much of the public attention on PMSCs has been in response to incidents in which PMSC employees have been accused of violating international humanitarian law. Therefore initiatives have been launched to introduce uniform international standards amidst what is currently very uneven national regulation. This book analyses and discusses the interplay between international, European, and domestic regulatory measures in the field of PMSCs. It presents a comprehensive assessment of the existing domestic legislation in EU Member States and relevant Third States, and identifies implications for future international regulation. The book also addresses the crucial questions whether and how the EU can potentially play a more active future role in the regulation of PMSCs to ensure compliance with human rights and international humanitarian law.

This book’s primary concern is the application of International Humanitarian Law and International Human Rights Law in addressing the business conduct of Private Military and Security Companies (PMSCs) during armed conflicts, as well as state responsibility for human rights violations and current attempts at international regulation. The book discusses four interconnected themes. First, it differentiates private contractors from mercenaries, presenting an historical overview of private violence. Second, it situates PMSCs’ employees under the legal status of civilian or combatant in accordance with the Third and Fourth Geneva Conventions of 1949. It then investigates the existing law on state responsibility and what sort of responsibility companies and their employees can face. Finally, the book explores current developments on regulation within the industry, on national, regional and international levels. These themes are connected by the argument that, in order to find gaps in the existing laws, it is necessary to establish what they are, what law is applicable and what further developments are needed.

This book examines the growing role of private military and security companies (PMSCs) in conflict and post-conflict situations, as part of a broader trend towards the outsourcing of security functions. Particular emphasis is placed on key moral, legal, and political considerations involved in the privatization of such functions, on the impact of outsourcing on security governance, and on the main challenges confronting efforts to hold PMSCs accountable through a combination of formal and informal regulatory mechanisms and processes. This book was published as a special issue of Criminal Justice Ethics.

Although subject to little discussion, the UN has increasingly paid private military and security companies (PMSCs) for a range of services in the areas of humanitarian affairs, peacebuilding and development. However, this practice has rarely translated into coherent policies or guidelines that could guide the UN in setting standards or ensuring responsible contracting procedures. This paper explores UN demand for PMSCs and identifies the need for a more proactive, sensitive and deliberate political approach in order to avoid potential pitfalls associated with involving PMSCs in the delivery of UN tasks.

This book addresses the ambiguities of the growing use of private security contractors and provides guidance as to how our expectations about regulating this expanding ‘service’ industry will have to be adjusted. In the warzones of Iraq and Afghanistan many of those who carry weapons are not legally combatants, nor are they protected civilians. They are contracted by governments, businesses, and NGOs to provide armed security. Often mistaken as members of armed forces, they are instead part of a new protean proxy force that works alongside the military in a multitude of shifting roles, and overseen by a matrix of contracts and regulations. This book analyzes the growing industry of these private military and security companies (PMSCs) used in warzones and other high risk areas. PMSCs are the result of a unique combination of circumstances, including a change in the idea of soldiering, insurance industry analyses that require security contractors, and a need for governments to distance themselves from potentially criminal conduct. The book argues that PMSCs are a unique type of organization, combining attributes from worlds of the military, business, and humanitarian organizations. This makes them particularly resistant to oversight. The legal status of these companies and those they employ is also hard to ascertain, which weakens the multiple regulatory tools available. PMSCs also fall between the cracks in ethical debates about their use, seeming to be both justifiable and objectionable. This transformation in military operations is a seemingly irreversible product of more general changes in the relationship between the individual citizen and the state. This book will be of much interest to students of private security companies, war and conflict studies, security studies and IR in general. Kateri Carmola is the Christian A. Johnson Professor of Political Science at Middlebury College in Vermont. She received her Ph.D. from the University of California, Berkeley.

Abstract: In the modern world, regulation is a necessity, especially on an international scale. PMSCs or Private Military Security Contractors are groups that are involved with militaries, and in conflict zones around the world. Due to their unique functions and place in international law, they essentially fall into a regulatory gap. PMSCs are non- state actors , but perform a series of roles and functions historically associated with the state. They can be used in multitudes of situations and have even been recruited in the war against drugs. Some see military contractors as, or similar to mercenaries, while others disagree. Many, if not most, PMSC personnel do not fit the criteria that comprise the definition of a mercenary , as set forth by article 47 of Additional Protocol 1 of the Geneva Convention. The issue becomes how best to regulate PMSCs and their personnel. Two options for regulation appear to be the most efficient, first, Kristine Huskey's three phase plan which segments the phases of PMSC operations and regulates each in a different way . Secondly, the option of categorization; labeling military contractors and regulating them based on the category they are placed in. Categorization is a possibility however PMSC personnel have a multitude of roles, and therefore have different responsibilities and regulations. One category that includes all roles and responsibilities is that of a MNC, or multinational corporation. Labeling PMSCs as corporations, categorizes them as what they truly are, businesses. Profit and future business are what PMSCs strive for, and therefore a way to regulate them. Some PMSCs are not combat oriented , and there fore it would be incorrect to lump all PMSCs in together. When analyzing the international regulation of multinational corporations, parallels to PMSCs begin to appear. Both operate internationally, and both have a goal of profit. By understanding the operations and regulations of MNCs the international community could potentially find a way to categorize and regulate PMSCs. Huskey's three phase theory, in combination with the multinational corporation label, is a novel system by which regulation, as well as responsibility can be placed.

Private Security Contractors Operating in Contingency Operations, Combat Operations or Other Significant Military Operations (US Department of Defense Regulation) (DOD) (2018 Edition) The Law Library presents the complete text of the Private Security Contractors Operating in Contingency Operations, Combat Operations or Other Significant Military Operations (US Department of Defense Regulation) (DOD) (2018 Edition). Updated as of May 29, 2018 This Rule establishes policy, assigns responsibilities and provides procedures for the regulation of the selection, accountability, training, equipping, and conduct of personnel performing private security functions under a covered contract during contingency operations, combat operations or other significant military operations. It also assigns responsibilities and establishes procedures for incident reporting, use of and accountability for equipment, rules for the use of force, and a process for administrative action or the removal, as appropriate, of PSCs and PSC personnel. For the Department of Defense, this Rule supplements DoD Instruction 3020.41, "Contractor Personnel Authorized to Accompany the U.S. Armed Forces," which provides guidance for all DoD contractors operating in contingency operations. This book contains: - The complete text of the Private Security Contractors Operating in Contingency Operations, Combat Operations or Other Significant Military Operations (US Department of Defense Regulation) (DOD) (2018 Edition) - A table of contents with the page number of each section

Research Paper (undergraduate) from the year 2012 in the subject Law - Miscellaneous, grade: A, , course: LLM INTERNATIONAL LAW, language: English, abstract: The monopoly of the use of force granted to modern States by its citizens is a relatively new phenomenon. Private armies have been operating in European States till the XIX century. The use of mercenaries has been historically a constant phenomenon till almost the end of the XX century, when their activities were criminalized by the international community. Parallel to that phenomenon during the European colonial expansion over all continents, governments had authorized two other forms of similar violence by non-state actors: the corsairs and the colonial merchant companies.

This book examines the legitimation of Private Military and Security Companies (PMSCs), focusing on the controversy between PMSCs and nongovernmental organizations (NGOs). While existing studies disproportionately emphasizes the ability for companies and their clients to dominate and shape perceptions of the industry, this book offers an alternative explanation for the oft-cited normalization of PMSCs and the trend to privatize security by analyzing the changing relationship between PMSCs and NGOs. It uses the concept of ‘norm entrepreneurship’ to elucidate the legitimation game between these two dissimilar actors. Starting from the 1990s, the book shows that the relationship between PMSCs and NGOs has undergone a transition by literally moving from ‘the barricades to the boardrooms’. After years of fierce advocacy and PR campaigns against PMSCs, today both actors increasingly collaborate in multi-stakeholder initiatives, elevating the status of PMSCs from a scorned actor to a trusted partner in the regulation of the industry. The work offers a comprehensive explanation of when and why this kind of collective norm entrepreneurship is likely to occur. This book will be of interest to students of PMSCs, critical security studies, global governance, international norms, and International Relations.

This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace.