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The Morality of Private WarThe Challenge of Private Military and Security Companies$
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James Pattison

Print publication date: 2014

Print ISBN-13: 9780199639700

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199639700.001.0001

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The Restrictions on Private Contractors

The Restrictions on Private Contractors

Chapter:
3 The Restrictions on Private Contractors
Source:
The Morality of Private War
Author(s):

James Pattison

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199639700.003.0003

This chapter considers when there is a right to be a private contractor, that is, the restrictions that private contractors should meet. It does so by applying the Just War principles of jus ad bellum (which concern when it is justifiable to resort to war) and jus in bello (which concern justifiable conduct during war) to private contractors. First, it repudiates the ‘Deferral View’ in Just War Theory. It argues that this view does not apply to private contractors, given their freedom to select contracts. Accordingly, it outlines an account of ‘individual jus ad bellum’, that is, a series of principles that a private contractor needs to meet in order to make a permissible contribution and therefore to possess the right to use or assist force.

Keywords:   authority, Individual-Centric Approach, jus ad bellum, jus ex bello, jus in bello, just cause, Just War Theory, pacifism, private contractors, restrictions

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