Chapter

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

Ieva Kalnina and Ugis Zeltins

in War by Contract

Published in print January 2011 | ISBN: 9780199604555
Published online May 2011 | e-ISBN: 9780191725180 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199604555.003.0005
The Impact of the EU Human Rights System on Operations of Private Military and Security Companies

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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

Chapter.  7200 words. 

Subjects: Public International Law

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