Reports document repeated airstrikes that have resulted in significant civilian casualties, and have concluded that many strikes likely violated international humanitarian law and that some may constitute war crimes (see here, here, here, here, here, here, here, and here. This book provides a comprehensive analysis of the law that applies to pmscs active in situations of armed conflict, focusing on international humanitarian law. International humanitarian law, also referred to as the law of armed conflict or the law of war, is designed to balance humanitarian concerns and military necessity it subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering. International humanitarian law and war crimes international humanitarian law (ihl) is also known as the law of war or the law of armed conflict it seeks to interrogate moral actions (jus in bello) carried out by belligerents during war.
The focus of this work will be on those legal issues necessary to address the status of subcontractors under international humanitarian law, above all the criteria for establishing direct participation of civilians in hostilities. This article will examine international humanitarian law to determine whether the cia officers are operating in a situation of armed conflict and to decide which legal classification applies to the cia officers. Contact with the laws applicable during wartime, the so called laws of armed conflict reports of horrible crimes and the recurring question of how to apply international humanitarian law (hereafter ihl) in these cases made me delve deeper into this matter ‘the legal status of mercenaries in armed conflict’: research goal and. Abstract the outsourcing of un peacekeeping operations to pmscs represents a significant legal grey area in the context of international law as a result of the ambiguity surrounding the status of their personnel and the lack of binding legal rules regulating their conduct, these companies seem to operate in a legal vacuum.
In its synthesis of international humanitarian law published in 1988, the icrc only mentioned mercenaries in a single sentence to reiterate that ‘mercenaries are not entitled to the status of prisoner of war’ 39 in 1994 the icrc’s compendium of case studies of international humanitarian law presented only one example which concerned the. Status under the laws of war the icrc’s study on customary international humanitarian law considers the rule that mercenaries, as lc green ‘the status of mercenaries in international. Bugnion francois, just war, war of aggression and international humanitarian law, irrc, vol 84, nr 847, 2002 fallah katherine, corporate actors: the legal status of mercenaries in armed conflict, international review of the red cross (irrc), vol88, no863, 2006 gasser hans petter, acts of terror, terrorism and international humanitarian. In situations of non-armed conflict, the legal status of private military and security contractors is governed by international human rights laws and relevant national laws the. International criticism of unlawful combatant status the designation of some prisoners as unlawful combatants, has been the subject of criticism by international human rights institutions including amnesty international , human rights watch and the international committee of the red cross.
Eliav lieblich the status of mercenaries in international armed conflict as a case of politicization of international humanitarian law, bucerius law journal, (2009) janice e thomson, mercenaries, pirates, and sovereigns: state-building and extraterritorial violence in early modern europe. This outstanding book is designed to give the reader an authoritative understanding over international humanitarian law the well-written opening chapter traces the historical development of international humanitarian law from ancient times to our time, and examines its nature, scope and purpose. The un charter, in its preamble, set an objective: to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be.
International humanitarian law and calling upon states to give particular attention to the education of all members of security and other armed forces, and of all law enforcement agencies, in the international law of human rights and international humanitarian law applicable in armed conflicts. Military companies status and with an overview of elements of the romanian law in relation to mercenaries, private military and security companies keywords: private military company, international humanitarian law, mercenary, combatant, civilian. Dr katherine fallah specialises in public international law and criminal law she has a particular interest in critical perspectives on the global regulation of violence, and she holds a phd in international law from sydney law school which focuses on international efforts to regulate the private military industry. Humanitarian law, this article explains the laws on mercenaries, combatants and civilians and explores how private military companies’ employees may fall into any of those categories.
Cognizant of much confusion as to the status of the employees of private military companies under international humanitarian law, this article explains the laws on mercenaries, combatants and civilians and explores how private military companies' employees may fall into any of those categories. This law library of congress' report reviews legal aspects of russia's invasion into georgia in august 2008 and russia's recognition of georgia's separatist enclaves' independence the report includes an analysis of russian domestic laws and relevant international law applicable to the situation, as well as an evaluation of russia's legal justification for its actions. In recent international armed conflicts private security contractors (pscs) have played an ever increasing role and military advisors and tribunals are facing the dilemma of assessing the primary and secondary status of pscs under international humanitarian law in this article the misconception that pscs are necessarily mercenaries will be dispelled.