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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 the Home State in Ensuring Compliance with Human Rights by Private Military Contractors

The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors

Chapter:
(p.93) 5 The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors
Source:
War by Contract
Author(s):

Francesco Francioni (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199604555.003.0006

This chapter argues that international human rights law offers a rational basis for the construction of a general due diligence obligation of home states of private military and security companies (PMSCs) to prevent, minimise, and remedy human rights violations by these companies, including violations connected to the export of their services. This conclusion is reached based on legal analysis of the content and structure of relevant human rights obligations, is supported by an evolutive interpretation of the rules of attribution of wrongful acts under the law of state responsibility, and is consistent with a policy perspective in which PMSCs' transnational operations are increasingly dependant on public procurement ties that these companies maintain with the states where they are based.

Keywords:   international law, human rights, state responsibility, private military contractors, home state responsibility, due diligence

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