Book

The privatized art of war : private military and security companies and state responsibility for their unlawful conduct in conflict areas

Evgeni Moyakine

Cambridge [etc.] : Intersentia, 2015

XVI, 477 p. ; 24 cm

978-1-78068-281-5

English

Index. Bibliographie : p. 427-455

The use of PMSCs by States in conflict zones may, in certain instances, be considered morally problematic and might enable States to outsource fundamental governmental tasks to essentially private actors without necessarily being held responsible for instances of misconduct. This book investigates the possibility of applying the doctrine of State responsibility to the employment of PMSCs in areas affected by conflicts and to breaches of international law committed by these companies and their personnel. It examines an array of circumstances in which the unlawful conduct of PMSCs and their staff may be attributed to States under international law and the extent of such attribution. The study further analyzes the application of positive obligations imposed by international law on States and the scope of this application. It is illustrated that not only States hiring PMSCs, but also States where these companies are active, and States where they are registered or incorporated, are to be held responsible when violations of international law are attributed to these States in accordance with certain modes of attribution. In addition, the States in question also bear international responsibility when they fail to comply with their positive duties of result and diligent conduct stemming from the fields of international humanitarian and human rights law.

• Full text : restricted access (ICRC)