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.
Christine Bakker is a Research Fellow at the European University Institute in Florence specialising in human rights law, including children's rights. Mirko Sossai is lecturer in international law at the University of Rome III.
Introduction Christine Bakker and Mirko Sossai Part I: General Overview 1. Regulatory Initiatives at the International Level Nigel D White 2 The Regulatory Context of Private Military and Security Contractors at the EU Level Guido den Dekker 3. The European Union and Private Military and Security Contractors: Existing Controls and Legal Bases for Further Regulation Marco Gestri 4. The Role of EU External Relations in Ensuring Compliance with Human Rights and Humanitarian Law by Private Contractors Mirko Sossai and Christine Bakker 5. A Comparative Overview of European and Extra-European National Regulation of Private Military and Security Services Ottavio Quirico Part II: Existing Regulation and Case Law in EU Member States 6. The Baltic States 1 Ieva Miluna 7. Belgium Axelle Reiter 8. Czech Republic Petra Ochmannova 9. France Vanessa Capdevielle and Hamza Cherief 10. Germany Ralf Evertz 11. Italy Andrea Atteritano 12. The Netherlands Guido den Dekker 13. Spain Joana Abrisketa 14. Sweden Andreas Bergman 15. The United Kingdom Alexandra Bohm, Kerry Senior and Adam White Part III: Options for Regulation: the Experience of Relevant Third States 16. United States: Law and Policy Governing Private Military Contractors after 9/11 Kristine Huskey and Scott Sullivan 17. Canada: Beyond the Law? The Regulation of Private Military and Security Companies Operating Abroad David Antonyshyn, Jan Grofe and Don Hubert 18. Colombia: Regulating Private Military and Security Companies in a 'Host State' Irene Cabrera and Antoine Perret 19. Israel: Going Private: The Use and Regulation of Private Military and Security Companies in Situations of Armed Conflict Yael Ronen 20. Russian Federation: Regulatory Tools Regarding Private Entities Performing Military and Security Services Signe Zaharova 21. South Africa: The Regulatory Context of Private Military and Security Services Faustin Z Ntoubandi 22. Australia: Regulating Private Military and Security Companies Tim McCormack and Rain Liivoja Part IV: Challenges to the Regulation of Private Military and Security Companies 23. Jurisdictional Competence and Applicable Criminal Law with Regard to Private Military and Security Companies Ieva Miluna 24. Military Criminal Justice and Jurisdiction over Civilians: The First Lessons from Strasbourg Stefano Manacorda and Triestino Mariniello 25. The Regulation of Private Military and Security Companies: Tax Aspects Giuseppe Melis and Alessio Persiani Annex: Priv-War Recommendations for EU Regulatory Action in the Field of Private Military and Security Companies and their Services