War by ContractPDF电子书下载

Introduction&Francesco Francioni and Natalino Ronzitti 1

Ⅰ. SECURITY AND POLICY PERSPECTIVES 11

1. Policy Prospects for Regulating Private Military and Security Companies&Eugenio Cusumano 11

2. The Use of Private Contractors in the Fight against Piracy:Policy Options&Natalino Ronzitti 37

Ⅱ. HUMAN RIGHTS 55

3. The Role of Human Rights in the Regulation of Private Military and Security Companies&Federico Lenzerini and Francesco Francioni 55

4. The Impact of the EU Human Rights System on Operations of Private Military and Security Companies&Ieva Kalnina and Ugis Zeltins 80

5. The Role of the Home State in Ensuring Compliance with Human Rights by Private Military Contractors&Francesco Francioni 93

6. Positive Human Rights Obligations of the Hiring State in Connection with the Provision of'Coercive Services' by a Private Military or Security Company&Carsten Hoppe 111

7. Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State&Christine Bakker 130

8. Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights&Giulia Pinzauti 149

9. The Right to Life and Self-defence of Private Military and Security Contractors in Armed Conflict&Guido den Dekker and Eric PJ Myjer 171

Ⅲ. INTERNATIONAL HUMANITARIAN LAW 197

10. Status of Private Military and Security Company Personnel in the Law of International Armed Conflict&Mirko Sossai 197

11. Private Military and Security Contractors as 'Persons who Accompany the Armed Forces'&Giulio Bartolini 218

12. Private Military and Security Companies in Non-international Armed Conflicts: Ins ad Bellum and Ius in Bello Issues&Luisa Vierucci 235

13. Children's Rights: The Potential Impact of Private Military and Security Companies&Christine Bakker and Susanna Greijer 262

14. Women and Private Military and Security Companies&Ana Filipa Vrdoljak 280

15. Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law&Valentina Falco 299

16. Old Concepts and New Challenges: Are Private Contractors the Mercenaries of the Twenty-first Century?&Marina Mancini, Faustin Z Ntoubandi, and Thilo Marauhn 321

Ⅳ. ACCOUNTABILITY AND RESPONSIBILITY OF PRIVATE CONTRACTORS 343

17. The Role of International Regulatory Initiatives on Business and Human Rights for Holding Private Military and Security Contractors to Account&Sorcha MacLeod 343

18. Codes of Conduct for Private Military and Security Companies:The State of Self-regulation in the Industry&Carsten Hoppe and Ottavio Quirico 362

19. Institutional Responsibility for Private Military and Security Companies&Nigel D White 381

20. State Responsibility for Conduct of Private Military and Security Companies Violating Ius ad Bellum&Charlotte Beaucillon, Julian Fernandez, and Helene Raspail 396

Ⅴ. CRIMINAL AND CIVIL LIABILITY OF PRIVATE MILITARY AND SECURITY COMPANIES AND THEIR EMPLOYEES 423

21. The Criminal Responsibility of Private Military and Security Company Personnel under International Humanitarian Law&Ottavio Quirico 423

22. Immunity for Private Military Contractors: Legal Hurdles or Political Snags?&Micaela Frulli 448

23. Liability in Tort of Private Military and Security Companies: Jurisdictional Issues and Applicable Law&Andrea Atteritano 470

Bibliography 490

Index 507