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War by ContractHuman Rights, Humanitarian Law, and Private Contractors$
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Francesco Francioni and Natalino Ronzitti

Print publication date: 2011

Print ISBN-13: 9780199604555

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199604555.001.0001

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Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

Chapter:
(p.130) 7 Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State
Source:
War by Contract
Author(s):

Christine Bakker

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199604555.003.0008

This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them and to prosecute their perpetrators; and to provide reparations to the victims. The lack of institutional capacities often precludes full compliance with these obligations, and military occupation or other forms of effective control by third states may give rise to extra-territorial application of human rights duties. The host state can be held accountable for violation of a positive obligation, when violations occur outside the scope of effective control by a third state, and where the institutional capacities are sufficiently developed to comply with at least some of these duties. The chapter argues that the human rights obligations of the host state must be implemented in a perspective of substantive complementarity with the obligations of the hiring state and the home state.

Keywords:   host state, positive human rights obligations, complementarity, institutional capacities, effective control, duty to prevent, duty to investigate, duty to prosecute, effective remedy, reparations

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