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War by Contract
Human Rights, Humanitarian Law, and Private Contractors
Edited by Francesco Francioni and Natalino Ronzitti
576 pages
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234x156mm
978-0-19-960455-5
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Hardback
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13 January 2011
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- Provides a comprehensive analysis of the application of human rights and international humanitarian law to the work of private military and security companies
- Addresses questions of a highly topical nature, such as the use of private contractors in the fight against piracy, the accountability and criminal and civil liability of such contractors, and remedies available to victims
- Combines legal research with an analysis of how policies are shaped, highlighting the need for legal analysis in a politically sensitive field
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.Readership: Scholars and students of international human rights law, humanitarian law, and war studies; policy-makers; governmental and non-governmental legal advisers
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Edited by Francesco Francioni, Professor of International Law and Human Rights and Co-Director of the Academy of European Law EUI, and Natalino Ronzitti, Professor of International Law, LUISS University School of Law, Rome 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). Contributors:
Andrea Atteritano - Research Fellow in International Law, LUISS University; Barrister
Christine Bakker - Research Fellow, Academy
of European Law
Giulio Bartolini - Assistant Professor of International Law, University "Roma Tre"
Charlotte Beaucillon - Allocataire de recherche, European University Institute in Florence
Eugenio Cusumano - Ph.D candidate in Political Science, European University Institute
Guido Den Dekker - Researcher and lecturer, Utrecht University
Valentina Falco - Ph.D candidate in international humanitarian law and EU law, European University Institute
Julian Fernandez - Professor of public law, University of Lille Nord de France
Micaela Frulli - Assistant Professor in International Law, University of Florence
Susanna Greijer - Ph.D candidate in International Law, European University Institute
Carsten Hoppe - Ph.D, European University Institute
Ieva Kalnina - Ph.D candidate, European University Institute
Federico Lenzerini - Professor of International Law and EU Law, University of Siena (Italy)
Sorcha MacLeod - Lecturer in Law, University of Sheffield
Marina Mancini - Lecturer in International Law, Mediterranean University of Reggio Calabria
Thilo Marauhn - Professor of Public Law, International Law and European Law, University of Giessen, Germany
Eric Myjer - Professor of Conflict and Security Law, Utrecht University
Faustin Z. Ntoubandi - Assistant Professor in International Law, Justus-Liebig University of Giessen, Germany
Giulia Pinzauti - PhD candidate, European University
Institute
Ottavio Quirico - Marie Curie Fellow, University Panthéon-Assas (Paris II)
Hélène Raspail - Ph.D candidate in public international law, University Panthéon-Assas
Mirko Sossai - Lecturer in International law, University "Roma Tre", Italy
Luisa Vierucci - Researcher in international law, University of Florence
Ana Filipa Vrdoljak - Professor, University of Western Australia, Perth
Nigel White - Professor of Public International Law, University of Nottingham
Ugis Zeltins - Researcher, Riga Graduate School of Law, Latvia
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"...the most comprehensive and up-to-date volume that grapples with the thorny issues surrounding PMSCs...that is currently available...the analyses presented will remain continually relevant into the future...an impressive achievement and it would be unsurprising if it became the definitive work in the area." - Hin-Yan Liu, King's College London "...a unique survey of the legal implications of employing private contractors on maritime vessels...a meaningful and necessary first step in such an analysis" - Piracy-law.com "War by Contract is an impressive achievement and it would not be surprising if it became the definitive work in this area. War by Contract is certainly the most comprehensive and
up-to-date volume that engages with the issues surrounding PMSCs, viewed from the perspective of international human rights and international humanitarian law, which is currently available" - Maria D Sommardahl, Nordic Law Review
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Security and Policy Perspectives
1: Eugenio Cusumano: Policy Prospects for Regulating Private Military and Security Companies
2: Natalino Ronzitti: The Use of Private Contractors in the Fight against Piracy: Policy Options
Human Rights
3: Federico Lenzerini and Francesco Francioni: The Role of Human Rights in the Regulation of Private Military and Security Companies
4: Ieva Kalnina and Ugis Zeltins: The Impact of the EU Human Rights System on Operations of Private Military and Security Companies
5: Francesco Francioni: The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors
6: Carsten Hoppe: Positive Human Rights Obligations of the Hiring State in Connection with the Provision of Coercive Services by a Private Military And Security Company
7: Christine Bakker: Duties to Prevent, Investigate and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State
8: Giulia Pinzauti: Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights
9: Guido Den Dekker and Eric Myjer: The Right to Life and Self-Defence of Private Military and Security Contractors in Armed Conflict
International Humanitarian Law
10: Luisa Vierucci: Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues
11: Giulio Bartolini: Private Military Companies as "Persons who Accompany the Armed Forces"
12: Luisa Vierucci: Private Military and Security Companies in Non-International Armed Conflicts: Ius ad Bellum and Ius in Bello Issues
13: Christine Bakker and Susanna Greijer: Children's Rights: The Potential Impact of Private Military and Security Companies
14: Ana Filipa Vrdoljak: Women and Private Military and Security Companies
15: Valentina Falco: Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law
16: Marina Mancini, Faustin Ntoubandi and Thilo Marauhn: Old Concepts and New Challenges: Are Private Contractors the Mercenaries of the 21st Century?
Accountability and Responsibility of Private Contractors
17: Sorcha MacLeod: The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account
18: Carsten Hoppe, Ottavio Quirico: Codes of Conduct for Private Military and Security Companies: The State of Self-regulation in the Industry
19: Nigel White: Institutional Responsibility for Private Military and Security Contractors
20: Charlotte Beaucillon, Julian Fernandez and Hélène Raspail: State Responsibility for Conduct of PMSC Violating Ius ad Bellum
Criminal and Civil Liability of Private Military and Security Companies and their Employees
21: Ottavio Quirico: The Criminal Responsibility of PMSC Personnel under International Humanitarian Law
22: Micaela Frulli: Immunity for Private Contractors: Legal Hurdles or Political Snags?
23: Andrea Atteritano: Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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