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War by Contract

Human Rights, Humanitarian Law, and Private Contractors

Author: Francesco Francioni

Publisher: Oxford University Press

ISBN:

Category: History

Page: 532

View: 824

The conduct of armed conflict is increasingly being outsourced to private military and security companies, whose legal position remains unclear. This book identifies and analyses the human rights and humanitarian law framework applicable to these companies, examining how they can be held to account and how victims can obtain remedies.

Law’s Impunity

Responsibility and the Modern Private Military Company

Author: Hin-Yan Liu

Publisher: Bloomsbury Publishing

ISBN:

Category: Law

Page: 384

View: 247

When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.

Defending Human Rights and Democracy in the Era of Globalization

Author: Akrivopoulou, Christina

Publisher: IGI Global

ISBN:

Category: Political Science

Page: 422

View: 790

The era of technology in which we reside has ushered in a more globalized and connected world. While many benefits are gained from this connectivity, possible disadvantages to issues of human rights are developed as well. Defending Human Rights and Democracy in the Era of Globalization is a pivotal resource for the latest research on the effects of a globalized society regarding issues relating to social ethics and civil rights. Highlighting relevant concepts on political autonomy, migration, and asylum, this book is ideally designed for academicians, professionals, practitioners, and upper-level students interested in the ongoing concerns of human rights.

Multilevel Regulation of Military and Security Contractors

The Interplay between International, European and Domestic Norms

Author: Christine Bakker

Publisher: Bloomsbury Publishing

ISBN:

Category: Law

Page: 664

View: 698

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.

Weapons under International Human Rights Law

Author: Stuart Casey-Maslen

Publisher: Cambridge University Press

ISBN:

Category: Law

Page: 736

View: 174

International human rights law offers an overarching international legal framework to help determine the legality of the use of any weapon, as well as its lawful supply. It governs acts of States and non-State actors alike. In doing so, human rights law embraces international humanitarian law regulation of the use of weapons in armed conflict and disarmament law, as well as international criminal justice standards. In situations of law enforcement (such as counterpiracy, prisons, ordinary policing, riot control, and many peace operations), human rights law is the primary legal frame of reference above domestic criminal law. This important and timely book draws on all aspects of international weapons law and proposes a new view on international law governing weapons. Also included is a specific discussion on armed drones and cyberattacks, two highly topical issues in international law and international relations.

The EU Common Security and Defence Policy

Author: Panos Koutrakos

Publisher: OUP Oxford

ISBN:

Category: Political Science

Page: 368

View: 155

Presenting the first analytical overview of the legal foundations of the EU's Common Security and Defence Policy (CSDP), this book provides a detailed examination of the law and practice of the EU's security policy. The European Union's security and defence policy has long been the focus of political scientists and international relations experts. However, it has more recently become of increasing relevance to lawyers too. Since the early 2000s, the EU has carried out more than two dozen security and defence missions in Europe, Africa, and Asia. The EU institutions are keen to stress the security dimension of other external policies also, such as development cooperation, and the Lisbon Treaty introduces a more detailed set of rules and procedures which govern the CSDP. This book provides a legal analysis of the Union's CSDP by examining the nexus of its substantive, institutional, and economic dimensions. Taking as its starting point the historical development of security and defence in the context of European integration, it outlines the legal framework created by the rules and procedures introduced by the Treaty of Lisbon. It examines the military operations and civilian missions undertaken by the Union, and looks at the policy context within which they are carried out. It analyses the international agreements concluded in this field and explores the links between the CSDP and other external policies of the Union.

The New Faces of Victimhood

Globalization, Transnational Crimes and Victim Rights

Author: Rianne Letschert

Publisher: Springer Science & Business Media

ISBN:

Category: Law

Page: 343

View: 251

Besides generating wealth, globalization makes victims, including victims of new forms of crime. In this edited book of scholarly essays, international lawyers and criminologists reflect on the legal challenges posed by these dark sides of globalization. Examples include transnational organised crime, human trafficking and corruption, cyber crimes, international terrorism, global corporate crime and cross-border environmental crimes. The authors reflect on the limits of domestic systems of justice in providing protection, empowerment and redress to the victims of these emerging forms of global insecurity. They argue for the need of better international or supra-national institutional arrangements such as legal instruments and actions of the United Nations or regional organizations such as the European Union. In part I Jan Van Dijk and Rianne Letschert present an overview of trends in criminal victimization against the backdrop of globalization using a unique set of statistical indicators. By placing this issue in the framework of the human security concept, the authors draw out its broader political and normative implications. Theologist Ralf Bodelier explains how modern communication technologies have heightened sensitivities among the general public for human insecurities anywhere in the world. In his view, a new global conscience is in the making that may become the cornerstone of international solidarity and action. Marc Groenhuijsen and Rianne Letschert describe the emergence of national and international legal and institutional arrangements to offer remedies to victims of crime in an era of globalization. In part II a selection of experts analyse the specific issues surrounding the protection and empowerment of victims of different types of international crimes such as human trafficking, organised crime/corruption, terrorism, global corporate crime and cross border environmental crimes. In part III focused attention is given to the special challenges and opportunities of protecting and assisting crime victims in cyberspace. Part IV deals with emerging victim issues in humanitarian law such as the accountability of private military companies and the implementation of the ambitious victim provisions in the statute of the International Criminal Court including the establishment of a global fund for reparations. In the final part of the book some of its core authors formulate their ideas about the international institutional arrangements that should be put in place to offer justice to the victims of globalization. A concrete proposal is made for the transformation of the United Nations 1985 Declaration on the Principles of Justice for Victims of Crime and Abuse of Power into a full-fledged UN convention. In the final chapter further proposals are made for the increased involvement of regional organisations such as the European Union in the protection of victims of global crime.

Private Security Contractors in Iraq and Afghanistan

Legal Issues

Author: Jennifer K. Elsea

Publisher: DIANE Publishing

ISBN:

Category:

Page: 29

View: 724

The use of private security contractors (PSCs) to protect personnel and property in Iraq and Afghanistan has been a subject of debate. While PSCs are viewed as being vital to U.S. efforts in the region, many are concerned about transparency, accountability, and legal issues raised by the use of armed civilians to perform security tasks formerly performed by the mil. Contents of this report: Legal Status and Authorities: (a) Internat. Law: Can Contractors be Combatants?; Are They Mercenaries?; (b) Iraqi Law, and Afghan Law, and Status of U.S. Forces; (c) U.S. Law; ¿Inherently Gov¿t. Functions¿ and Other Restrictions on Gov¿t. Contracts; Prosecution of Contractor Personnel in U.S. Fed. or Mil. Courts; Uniform Code of Mil. Justice.

Privatizing War

Private Military and Security Companies Under Public International Law

Author: Lindsey Cameron

Publisher: Cambridge University Press

ISBN:

Category: Law

Page: 720

View: 451

A comprehensive and detailed analysis of the international legal framework applying to private military and security companies in armed conflict.

Disaster and the Politics of Intervention

Author: Andrew Lakoff

Publisher: Columbia University Press

ISBN:

Category: Political Science

Page: 160

View: 356

Government plays a critical role in mitigating individual and collective vulnerability to disaster. Through measures such as disaster relief, infrastructure development, and environmental regulation, public policy is central to making societies more resilient. However, the recent drive to replace public institutions with market mechanisms has challenged governmental efforts to manage collective risk. The contributors to this volume analyze the respective roles of the public and private sectors in the management of catastrophic risk, addressing questions such as: How should homeland security officials evaluate the risk posed by terrorist attacks and natural disasters? Are market-based interventions likely to mitigate our vulnerability to the effects of climate change? What is the appropriate relationship between non-governmental organizations and private security firms in responding to humanitarian emergencies? And how can philanthropic efforts to combat the AIDS crisis ensure ongoing access to life-saving drugs in the developing world? More generally, these essays point to the way thoughtful policy intervention can improve our capacity to withstand catastrophic events. Additional Columbia / SSRC books on the Privatization of Risk and its Implications for Americans Bailouts: Public Money, Private ProfitEdited by Robert E. Wright Health at Risk: America's Ailing Health System-and How to Heal ItEdited by Jacob S. Hacker Laid Off, Laid Low: Political and Economic Consequences of Employment InsecurityEdited by Katherine S. Newman Pensions, Social Security, and the Privatization of RiskEdited by Mitchell A. Orenstein

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