Silent partners : private forces, mercenaries, and international humanitarian law in the 21st century
Steven R. Kochheiser
Host item entries:
The University of Miami national security and armed conflict law review, Vol. 2, summer 2012, p. 86-109
In response to gritty accounts of firefights involving private forces like Blackwater in Iraq and Afghanistan, many legal scholars have addressed the rising use of private forces - or mercenaries - in the 21st century under international law. Remarkably, only a few have attempted to understand why these forces are so ob-jectionable. This is not a new problem. Historically, attempts to control private forces by bringing them under international law have been utterly ineffective, such as Article 47 of Additional Protocol II to the Ge-neva Conventions. In Silent Partners, the author pro-poses utilizing the norm against mercenary use as a theoretical framework to understand at what point private forces become objectionable and then draft a provision of international humanitarian law to effec-tively control their use. Such a provision will encour-age greater compliance with international law by these forces and reduce their negative externalities by ensuring legitimate control and attachment to a legit-imate cause.
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more