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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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The Role of Human Rights in the Regulation of Private Military and Security Companies

The Role of Human Rights in the Regulation of Private Military and Security Companies

Chapter:
(p.55) 3 The Role of Human Rights in the Regulation of Private Military and Security Companies
Source:
War by Contract
Author(s):

Federico Lenzerini

Francesco Francioni (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199604555.003.0004

Activity of PMSCs entail in principle a number of different levels of international responsibility: that of the PMSCs as single entities, that of their employees in their individual capacity, and that of the States which in different capacities are connected to their services, i.e., the hiring State, the territorial State — if different from the latter — and the home State, being the one where the company is registered and based. This chapter examines the human rights standards applicable to PMSCs operations with respect to all these different layers of obligations arising from treaty law and customary international law. These layers include, at least, the obligation to respect and protect the rights and freedoms recognised by the relevant international instruments and the duty to remedy their possible violation.

Keywords:   human rights, international responsibility, employees, hiring State, territorial State, home State

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