Private Military and Security Industry

2020 ◽  
pp. 23-78
Author(s):  
Seden Akcinaroglu ◽  
Elizabeth Radziszewski
Keyword(s):  
Positive Impact ◽  
Balance Of Power ◽  
International Humanitarian Law ◽  
Global Competition ◽  
Humanitarian Law ◽  
Military Effectiveness ◽  
Conflict Zones ◽  
Security Industry ◽  
Conflict Zone ◽  
The Government

This chapter describes existing international, domestic, and industry-wide approaches to improving PMSCs’ accountability in conflicts. It argues that monitoring PMSCs in the conflict zone remains a challenge for weak and strong states, though the problem is less severe for the latter, and limits PMSCs’ military effectiveness. The chapter argues that local and global competition among international PMSCs has the potential to improve military effectiveness by increasing accountability and shifting the balance of power in favor of the government, the most lucrative client of international PMSCs, with positive impact on reducing war duration. The focus is on improving military effectiveness in the area of skill and corporate professionalism, specifically PMSCs’ adherence to international humanitarian law and commitment to anti-fraud practices. The chapter shows why corporate professionalism matters for military effectiveness. It then highlights initial insights about the nature of international PMSCs’ presence in conflict zones from 1990 to 2008.

scholarly journals Caught in the Crossfire: Challenges to Migrant Protection in the Yemeni and Libyan Conflicts

2020 ◽  
Vol 8 (4) ◽  
pp. 318-331
Author(s):  
Danielle Flanagan
Keyword(s):  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Migration Routes ◽  
Conflict Zones ◽  
Conflict Situations ◽  
Stable Conditions ◽  
The Cost ◽  
Migration Pathways

In spite of the prevailing security dynamics in Yemen and Libya, both states continue to serve as areas of transit along some of the world’s largest mixed migration routes, leaving migrants caught in the crossfire of the two conflicts. This article examines the legal framework governing the protection of migrants in armed conflict under international humanitarian and human rights law. It also identifies two adverse incentives produced by the conflict situations that impede the exercise of these legal protections: (1) profits derived from migrant smuggling and trafficking, and (2) the use of migrants to support armed groups. In the absence of stable conditions in Yemen and Libya, individuals have little reason to respect international legal protections and discontinue migrant abuse connected with the lucrative businesses of smuggling and trafficking. The intractable nature of the two conflicts has also led to the strategic use of migrants as armed support, and more specifically as combatants, weapons transports, and human shields. Given these realities, the article outlines several recommendations to address the issue of migrant abuse in conflict. It recommends that states, particularly those neighboring Yemen and Libya, strengthen regular migration pathways to help reduce the number of migrants transiting through active conflict zones. It further advises that the international community increase the cost of noncompliance to international humanitarian law through the use of accountability mechanisms and through strategic measures, including grants of reciprocal respect to armed groups that observe protections accorded to migrants in conflict situations.

Appeal by the International Committee of the Red Cross on the 20th anniversary of the adoption of the Additional Protocols of 1977

1997 ◽  
Vol 37 (320) ◽  
pp. 471-472
Author(s):  
Cornelio Sommaruga
Keyword(s):  
International Committee ◽  
Armed Conflicts ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Liberation ◽  
Geneva Conventions ◽  
20Th Anniversary ◽  
The Government ◽  
Preparatory Work

Twenty years ago, on 11 June 1977, the plenipotentiaries of over a hundred States and several national liberation movements signed the Final Act of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. This Conference had been convened by the government of Switzerland, the depositary State of the Geneva Conventions. After four sessions held between 1973 and 1977, themselves preceded by several years of preparatory work, the Conference drew up two Protocols additional to the Geneva Conventions of 12 August 1949, relating to the protection of the victims of international armed conflicts (Protocol I) and of noninternational armed conflicts (Protocol II).

Missions by the President

1992 ◽  
Vol 32 (289) ◽  
pp. 387-388
Keyword(s):  
The Netherlands ◽  
Foreign Affairs ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Multilateral Cooperation ◽  
Geographical Regions ◽  
The Hague ◽  
The Government ◽  
Foreign Ministry

In the second half of May 1992, ICRC President Cornelio Sommaruga went to The Hague to attend the IVth Regional Conference of European National Red Cross and Red Crescent Societies (18-22 May), which took as its theme “The New Europe needs The New Red Cross” (see pp. 391-393). While in The Hague, Mr. Sommaruga had talks with the Netherlands Minister for Foreign Affairs and the Minister for Cooperation Development on various current ICRC operations and on financial matters. The President thanked the government of the Kingdom of the Netherlands for its substantial support for the ICRC in the past and for its commitment to providing financial help in the future. During a working meeting at the Foreign Ministry with officials dealing with various geographical regions and with multilateral cooperation, the prospects for reconvening the 26th International Conference of the Red Cross and Red Crescent were reviewed. The President also had the opportunity, at a lunch given by the Swiss Ambassador to the Netherlands, to talk to the President of the Second Chamber of the Netherlands Parliament and to the Secretary-General of the Ministry of Foreign Affairs about humanitarian needs around the world and the degree of respect shown for international humanitarian law. Mr. Sommaruga was accompanied by Mr. Maurice Aubert, a member of the ICRC, Mr. Yves Sandoz, Director, and Mr. Michel Convers, Deputy Director.

scholarly journals Legal challenges posed by the war on drugs and the fight against organized crime in Colombia

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Antoine Perret ◽  
Ruth Cristina García
Keyword(s):  
Armed Forces ◽  
War On Drugs ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Specific Procedure ◽  
Peace Agreement ◽  
Drug Trafficking Organizations ◽  
Legal Challenges ◽  
Colombian Government ◽  
The Government

This article aims to highlight the evolution of crime in Colombia and how it is a drawback to the current understanding of the applicability of international humanitarian law. The peace agreement between the Revolutionary Armed Forces of Colombia-FARC, the government and the emerging armed actors are a challenge to Colombian law and legal institutions. Accordingly, the article concluded that the use of force by the Colombian government against drug trafficking organizations, or so-called Criminal Gangs-BACRIM, does not seem to be the legal way to combat them since these organizations do not necessarily participate in hostilities, which means that the government has to follow a specific procedure.  

The Applicability of International Humanitarian Law to the Conflict in Libya

2012 ◽  
Vol 14 (4) ◽  
pp. 403-436 ◽  
Author(s):  
Kubo Mačák ◽  
Noam Zamir
Keyword(s):  
Security Council ◽  
Armed Conflict ◽  
Military Intervention ◽  
International Humanitarian Law ◽  
Controversial Issues ◽  
Humanitarian Law ◽  
Gradual Loss ◽  
The Government ◽  
The Military ◽  
Shed Light

Abstract The purpose of this article is to examine the applicability of international humanitarian law to the 2011 conflict in Libya in its consecutive phases. We argue that the situation in Libya rose to the level of non-international armed conflict between the government forces and insurgents united by the National Transitional Council by the end of February 2011. The military intervention by a multi-state coalition acting under the Security Council mandate since March 2011 occasioned an international armed conflict between Libya and the intervening States. We consider and reject the arguments in favour of conflict convergence caused by the increased collaboration between the rebels and NATO forces. Similarly, we refute the propositions that the Gaddafi government’s gradual loss of power brought about conflict de-internationalisation. Finally, we conclude that both parallel conflicts in Libya terminated at the end of October 2011. The article aspires to shed light on the controversial issues relating to conflict qualification in general and to serve as a basis for the assessment of the scope of responsibility of the actors in the Libyan conflict in particular.

scholarly journals What price freedom? Global reporting trends and journalistic integrity

2010 ◽  
Vol 16 (1) ◽  
pp. 10-20
Author(s):  
Chris Cramer
Keyword(s):  
News Media ◽  
International Committee ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Conflict Zones ◽  
University Of Technology ◽  
Keynote Speech ◽  
The University ◽  
Sydney Australia

Commentary: On 18 May 2009, the ABC’s Ultimo Centre in Sydney, Australia, and on May 22, Massey University’s Wellington campus in New Zealand were host to twin conferences on war reporting.  Jointly organised by the global aid organisation International Committee of the Red Cross (ICRC) and the Australian Centre of Independent Journalism at the University of Technology, Sydney, and Massey’s School of Communication, Journalism and Marketing, the conferences were attended and contributed to by senior international and national news media people—including many who had themselves reported wars—as well as humanitarian, legal and military representatives.  The conferences addressed: the role and responsibilities of the journalist in reporting conflict; media, humanitarian and military relationships; an apparent increasing targeting of journalists in conflict zones; and the application of international humanitarian law in times of conflict. The following address by Chris Cramer was the keynote speech at both conferences.

Private Military and Security Companies

2017 ◽  
Author(s):  
Renée de Nevers
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Business Practices ◽  
Humanitarian Law ◽  
Conflict Zones ◽  
Critical Issues ◽  
The Status ◽  
Human Rights Standards

Private military and security company (PMSC) employees are not soldiers, but their activities often place them in conflict zones. Their presence has complicated efforts to ensure the effectiveness of international humanitarian law (IHL) in fluid situations involving state and nonstate actors. This chapter explores how PMSCs fit in the framework of IHL and the broader legal framework governing PMSCs, along with state and international efforts to ensure PMSC compliance with IHL. Critical issues concern the status of PMSC contractors under IHL, which determines the protections they should be accorded; their training in the laws of war; and the rules regarding the use of force under which contractors operate. The legal framework holding PMSC employees accountable remains uneven in its global reach, and voluntary frameworks have emerged to develop and enforce good business practices and adherence to human rights standards. Whether these measures will be effective remains to be seen.

The att and War Profiteering: the Case of the UK

2020 ◽  
Vol 12 (2) ◽  
pp. 178-201
Author(s):  
Sam Perlo-Freeman
Keyword(s):  
Iraq War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Apparent Paradox ◽  
Tony Blair ◽  
Arms Trade ◽  
The Face ◽  
The Government ◽  
The Uk ◽  
Blair Government

The Arms Trade Treaty is intended to prevent arms supplies likely to be used to violate International Humanitarian Law or human rights, or exacerbate conflict. Yet, some of the countries who most strongly championed the ATT have continued to supply arms in the face of clear evidence that they are being misused, most notably at present in the war in Yemen. This article addresses this apparent paradox in the case of the UK – the first major arms producing nation to publicly support the ATT. The article situates UK support for the ATT, under the government of Prime Minister Tony Blair, in the context of the domestic political considerations of the Blair Government; in particular, the desire to restore the UK’s image as a “force for good” in the world in the wake of the Iraq War. At the same time, the high dependence of the UK arms industry on exports, in particular to Saudi Arabia, drove the government to fail to robustly implement ATT commitments – as well as those from the earlier EU Common Position, and to allow UK arms companies to continue to engage in “war profiteering” in Yemen and elsewhere.

Non-govemmental human rights organizations and international humanitarian law

1998 ◽  
Vol 38 (324) ◽  
pp. 531-536
Author(s):  
Rachel Brett
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Humanitarian Law ◽  
International Level ◽  
Abuse Of Power ◽  
Human Rights Organizations ◽  
The Government ◽  
The Way

At the heart of human rights work is the attempt to protect individuals from the abuse of power or neglect on the part of their own governments. At the international level, this translates into State responsibility for the way in which the government treats its own people, supplementing the older international law regarding the treatment of aliens and the law of war which also (originally) addressed only the treatment of non-nationals.

scholarly journals Settlements in the Supreme Court of Israel

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 41-44 ◽  
Author(s):  
David Kretzmer
Keyword(s):  
Supreme Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
High Court ◽  
Palestinian Territories ◽  
National Courts ◽  
Court Of Justice ◽  
The Supreme Court ◽  
The Government

One of the unique features of Israel's legal, military, and political control over the Occupied Palestinian Territories (OPT) has been the review by the Supreme Court of Israel of the actions and decisions of the authorities in those territories. Sitting as a High Court of Justice that has the competence to review the actions of all persons exercising public functions under law, the Court has entertained thousands of petitions relating to the legality of such varied actions as house demolitions, deportations, land requisition, entry permits, and establishment of settlements. There can be little doubt that the very existence of judicial review has had a restraining effect on the authorities. While the Court has not ruled against the government that often, and has provided legitimization for acts of dubious legality, such as punitive house demolitions and deportations, it has handed down some important rulings on questions of principle. Furthermore, in the shadow of the Court, many petitions have been settled without a court ruling, allowing for a full or partial remedy for the Palestinian petitioner.

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