Chapter

Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

Christine Bakker

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/9780199604555.003.0008
Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

Show Summary Details

Preview

This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them and to prosecute their perpetrators; and to provide reparations to the victims. The lack of institutional capacities often precludes full compliance with these obligations, and military occupation or other forms of effective control by third states may give rise to extra-territorial application of human rights duties. The host state can be held accountable for violation of a positive obligation, when violations occur outside the scope of effective control by a third state, and where the institutional capacities are sufficiently developed to comply with at least some of these duties. The chapter argues that the human rights obligations of the host state must be implemented in a perspective of substantive complementarity with the obligations of the hiring state and the home state.

Keywords: host state; positive human rights obligations; complementarity; institutional capacities; effective control; duty to prevent; duty to investigate; duty to prosecute; effective remedy; reparations

Chapter.  10243 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.