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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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Positive Human Rights Obligations of the Hiring State in Connection with the Provision of ‘Coercive Services’ by a Private Military or Security Company

Positive Human Rights Obligations of the Hiring State in Connection with the Provision of ‘Coercive Services’ by a Private Military or Security Company

Chapter:
(p.111) 6 Positive Human Rights Obligations of the Hiring State in Connection with the Provision of ‘Coercive Services’ by a Private Military or Security Company
Source:
War by Contract
Author(s):

Carsten Hoppe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199604555.003.0007

This chapter discusses the positive obligations under human rights law of states (contracting states) hiring private military and security companies (PMSCs) in situations of conflict. Based on analysis of the (quasi-)jurisprudence of the Human Rights Committee, the Inter-American Court of Human Rights and the European Court of Human Rights, it is demonstrated that, where violations have already occurred or have been alleged, the duty to investigate, prosecute, and punish obligates states to provide for a structure facilitating the reporting, follow up, and processing through the system of justice of such allegations. These provisions can, for the most part, be extended to the conduct of third persons and thus also to contractors providing coercive services, even where their conduct may not be attributable to the state under the law of state responsibility.

Keywords:   positive obligations, human rights law, conflict, violations, allegations, state responsibility

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