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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Privatization of Military Flights in the Mesh of International and National Law

Privatization of Military Flights in the Mesh of International and National Law

Chapter:
(p.1262) Privatization of Military Flights in the Mesh of International and National Law
Source:
From Bilateralism to Community Interest
Author(s):

Birgit Schmidt am Busch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0077

The privatization of militarily motivated activities raises new questions under international and national law with respect to the conduct of third States. Because of the increasing practice of privatization of military functions, third States can easily become involved in the illegal conduct of other States. The application of the prohibition of inter-State complicity in illegal armed conflicts, which can be derived from various sources of international law, does not depend on the pattern of organization the aggressor State chooses for its preparatory actions. The key factor is whether authorities of the third State significantly contribute to the carrying out of the armed attack in awareness of the circumstances. In order to avoid Germany being responsible for a violation of the prohibition of inter-State complicity, Articles 25 and 26 Basic Law are to be interpreted as guaranteeing that each authority involved decides for itself whether support given to private contractors deployed by an aggressor State constitutes illegal complicit conduct. This is the most effective way to ensure that Germany does not participate in any illegal war activities of other States in times where privatization of essential sovereign functions has become a reality in international relations.

Keywords:   international law, national law, third states, military flights, privatization, Germany

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