Privatising the military use of force

Inhaltsverzeichnis (Table of Contents)

• I. INTRODUCTION
• II. THE PMC INDUSTRY
• Introduction
• Categorisation of the industry
• (a) Military provider firms
• (b) Military consulting firms
• (c) Military support firms
• The impact of the industry
• (a) The quantitative impact
• (b) The qualitative impact
• Are PMCs and/or their employees mercenaries?
• (a) PMCs and their employees are not effectively covered by existing international anti-mercenary laws
• (b) PMCs differ significantly from traditional mercenaries
• (c) Summary
• III. STATE RESPONSIBILITY
• General rules of state responsibility
• Categorisation of states
• Breach of international obligation
• (a) Law on the recourse of force (jus ad bellum)
• (i) The prohibition on the use of force
• (ii) The principle of non-intervention
• (b) Laws of neutrality
• (c) International humanitarian law (jus in bello)
• (i) Introduction
• (ii) Obligations of the occupying power
• (iii) Obligations in connection with prisoners of war
• (iv) Obligations in connection with the principle of distinction
• (d) Other obligations
• (i) International humanitarian law
• (ii) International human rights law
• (ii) Arms restriction and arms embargos
• (iii) Principle of permanent sovereignty over natural resources
• (iv) Mercenary laws
• Where PMC conduct is attributable to a state
• (a) Introduction
• (b) Article 4 DASR ‘state organ’
• (c) Article 5 DASR ‘authorized by the law to exercise governmental authority’
• (d) Article 6 DASR ‘organ placed at the disposal of a State by another State’
• (e) Article 8 DASR ‘instruction or direction and control’
• (f) Conduct ultra vires
• Where PMC conduct is not attributable to a state
• (a) Introduction to the concept of due diligence
• (b) Due diligence and international human rights law
• (c) Due diligence and international humanitarian law
• Preliminary summary
• IV. INTERNATIONAL ORGANISATIONS' RESPONSIBILITY
• Introduction: international organisations and their present and potential future use of PMCs
• Preliminary remarks on the responsibility of international organisations for the commission of international delicts
• General rules of international organisation's responsibility
• Breach of international obligation
• (a) The capacity to bear international obligations: are international organisations vested with objective legal personality?
• (b) Conduct ultra vires the competences of the international organisation
• (c) International humanitarian law
• (i) The applicability ratione personae
• (ii) Applicability ratione materiae in situations of armed conflict
• Where the PMC conduct is attributable to the international organisation
• Where the PMC conduct is not attributable to the international organisation
• Preliminary summary

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This dissertation aims to explore the legal responsibilities arising under international law from the privatization of military force. It examines the roles and responsibilities of both states and international organizations in relation to Private Military Companies (PMCs).

• The increasing privatization of military services since the end of the Cold War.
• The categorization and impact of the PMC industry.
• State responsibility for the actions of PMCs.
• The legal status of PMCs in relation to mercenary laws.
• Responsibility of international organizations for PMC actions.

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter I: Introduction introduces the topic of privatized military force and its increasing prevalence since the end of the Cold War, highlighting the contributing factors.

Chapter II: The PMC Industry categorizes PMCs (military providers, consultants, and support firms), analyzing their quantitative and qualitative impacts. It also discusses the legal ambiguities surrounding their status relative to mercenary laws.

Chapter III: State Responsibility examines general rules of state responsibility and delves into situations where the conduct of PMCs might be attributed to a state, considering various legal articles and principles such as due diligence.

Chapter IV: International Organizations' Responsibility explores the responsibility of international organizations for the actions of PMCs, examining their capacity to bear international obligations and the application of international humanitarian law in this context.

Schlüsselwörter (Keywords)

Private Military Companies (PMCs), privatization of military force, state responsibility, international humanitarian law, international human rights law, international organizations, mercenaries, jus ad bellum, jus in bello, due diligence, attribution.