Outsorcing of Security to private Military Contractors: State Responsibilities

Sovereingty Issues

Research Paper (undergraduate) , 2012 , 76 Pages , Grade: A

Law - Miscellaneous

The monopoly of the use of force granted to modern States by its citizens is a relatively new phenomenon. Private armies have been operating in European States till the XIX century. The use of mercenaries has been historically a constant phenomenon till almost the end of the XX century, when their activities were criminalized by the international community. Parallel to that phenomenon during the European colonial expansion over all continents, governments had authorized two other forms of similar violence by non-state actors: the corsairs and the colonial merchant companies.

Inhaltsverzeichnis (Table of Contents)

• CHAPTER 1
  • BACKGROUND OF THE STUDY
    • Introduction
    • New trends, modalities and manifestations of mercenarism
    • Outsourcing of Military Force

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This study focuses on the responsibilities of states and international organizations (IOs) when they utilize private military and security companies (PMSCs). The primary objective is to examine the legal implications of privatizing military force, specifically by exploring the potential gaps in international law and suggesting solutions to address those gaps.

• The changing nature of warfare and the rise of PMSCs
• The legal and ethical implications of outsourcing military functions
• The responsibility of states and IOs in the context of PMSCs
• The potential gaps in international law regarding PMSCs
• Proposed solutions to address the legal challenges posed by PMSCs

Zusammenfassung der Kapitel (Chapter Summaries)

• CHAPTER 1: BACKGROUND OF THE STUDY
  • The chapter examines the historical context of private military and security companies (PMSCs), tracing their roots back to mercenary activities and the emergence of private armies. It discusses the factors that have led to the rise of PMSCs in recent decades, including the globalization of the economy, the increasing demand for security services, and the reduction of military forces in certain countries.
  • The chapter highlights the various actors involved in the demand for private military services, including states, IOs, multinational corporations (MNCs), and non-governmental organizations (NGOs). The study will focus on the responsibility of states in this context, but also acknowledges the growing role of IOs.
  • The chapter explores the legal and ethical considerations surrounding the outsourcing of military force, including the potential for conflicts of interest, accountability, and the impact on human rights.
  • The chapter concludes by outlining the study's aim, which is to investigate the legal obligations of states and IOs when using PMSCs and to identify potential gaps in international law that need to be addressed.

Schlüsselwörter (Keywords)

The study focuses on the key concepts of private military and security companies (PMSCs), privatization of military force, state responsibility, international law, human rights, and the role of international organizations (IOs).

• Course: LLM INTERNATIONAL LAW
• Grade: A
• Author: Professor Nicholas Sunday (Author)
• Publication Year: 2012
• Pages: 76
• Catalog Number: V209930
• ISBN (eBook): 9783656377528
• ISBN (Book): 9783656377801
• Language: English
• Tags: outsorcing, security, military, contractors, state, responsibilities, sovereingty, issues