Privatizing War: Private Military and Security Companies under Public International Law

Lindsey Cameron; Vincent Chetail

doi:10.1017/CBO9781139505864

A growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.

'… not merely contributes to the existing literature on PMSCs, but could even play a role in regulating PMSCs around the world. This well-researched work will appeal to academics, students, scholars, humanitarian and human rights activists in various disciplines, including international security, public international law, humanitarian and human rights studies.'

Kai Chen Source: International Affairs

'[Lindsey Cameron and Vincent Chetail] have done a heroic job of imposing some analytic order on … seeming legal chaos, at least with respect to public international law. Bringing great rigor, depth, and clarity to the task, [they] provide a systematic overview of the multiple bodies of public international law that govern the contractors themselves and the states and others that employ them … [this book] is breathtaking both in its scope and attention to detail and will surely serve as a lasting and essential resource for anyone working in the field of privatized foreign affairs … Cameron and Chetail are to be lauded for their extraordinary efforts to clarify the international law framework to be applied to PMSCs …'

Laura A. Dickinson Source: The American Journal of International Law

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Privatizing War

Private Military and Security Companies under Public International Law

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Contents

Privatizing War - Half title page
pp i-ii

Privatizing War - Title page
pp iii-iii

Copyright page
pp iv-iv

Contents
pp v-viii

Foreword
pp ix-xvi

Acknowledgements
pp xvii-xviii

Table of cases
pp xix-xxxii

Acronyms
pp xxxiii-xxxvi

Introduction
pp 1-9

1 - The limits on the right to resort to PMSCs
pp 10-133

2 - The international responsibility of states and its relevance for PMSCs*
pp 134-287

3 - The legalmeans through which PMSCs are bound by IHL
pp 288-382

4 - The legal rules applicable to PMSCs and their personnel
pp 383-538

5 - Theimplementation of responsibility arising from violations of international law by PMSCs*
pp 539-671

General Conclusion
pp 672-677

Selected bibliography
pp 678-707

Index
pp 708-720

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Privatizing War

Private Military and Security Companies under Public International Law

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