Chapter

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

Francesco Francioni

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/9780199604555.003.0006
The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors

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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

Chapter.  9534 words. 

Subjects: Public International Law

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