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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 Impact of the EU Human Rights System on Operations of Private Military and Security Companies

The Impact of the EU Human Rights System on Operations of Private Military and Security Companies

Chapter:
(p.80) 4 The Impact of the EU Human Rights System on Operations of Private Military and Security Companies
Source:
War by Contract
Author(s):

Ieva Kalnina

Ugis Zeltins

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199604555.003.0005

This chapter assesses the impact of the activities carried out by PMSCs on the enjoyment of human rights under the European Union's (EU) human rights regime. It argues that the state of nationality of a PMSC is bound to remedy the latter's violations of fundamental rights, even if the operation and the major activities of the PMSC in question fall outside the scope of the EU's competence. As to the European Courth of Human Rights, the historically narrow interpretation of jurisdictional limits may be expanding. Relevance of the EU Charter of Fundamental Rights in protecting the victims of human rights violations is also questioned. As to the addressees of human rights obligations, the EU's standard of protection is not uniform in all contexts. Further, where the activities of PMSCs have human rights implications, attribution of their acts to any of the Member States will be almost impossible. By contrast, human rights can be indirectly applicable to private relations.

Keywords:   European Union, jurisdictional limits, human rights obligations, EU fundamental rights, EU Charter of Fundamental Rights, direct Drittwirkung, judicial remedies

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