International corporate criminal liability for private military and security companies : a possibility ?
Responsibilities of the non-state actor in armed conflict and the market place : theoretical considerations and empirical findings
Leiden ; Boston : Brill Nijhoff, 2015
This chapter is concerned with the corporate legal person of the private military and security corporation (PMSC) and its place in international law, especially regarding enforcement. It opens with a background description of the peculiarities of the PMSC and their significance for international law including the international legal personality of the PMSC. The treatment of the Blackwater Nisor Square incident and consequences for the company are instructive. Informed by this case study, the move towards greater legal person's rights and duties nationally offers a reference template to finding corporate responsibility on the PMSC in international law. In conclusion, doubt is cast on reliance on standard conceptions of criminal conduct for legal persons for international criminal law purposes. Certainly, the state as enforcer presents ongoing difficulties. Therefore, more creative thinking is needed to establish the recognition of corporate criminal liability at the international level.