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This book explores the human rights consequences of the new mercenarism, as channeled through so-called private military and security companies (PMSCs), and offers an overview of the evolution and status quo of both non-legal (soft law and self-regulation) and legal initiatives seeking to limit them. It addresses various topics, including the impact of the presence of non-state actors on human security using the cases of Afghanistan and Syria; research on PMSCs' impact on human rights in specific cases; the insufficiency and ineffectiveness of existing direct and indirect legal prohibitions on the use of mercenaries; various aspects of international human rights law and international humanitarian law related to the conduct of PMSCs; soft-law and self-regulation mechanisms; and the international minimum standard in general international law regarding the privatization, export, import, and contracting of PMSCs.
List of contents
Foreword by Patricia Arias.- Introduction by Helena Torroja Mateu.- Afghanistan and Syria: Non-state Actors and their Negative Impact on Human Security by Mario Laborie.- Delimitation and Presence of PMSCs: Impact on Human Rights by Felipe Daza.- The Ineffectiveness of the Current Definition of a 'Mercenary' in International Humanitarian and Criminal Law by José L. Gómez del Prado.- Private Military and Security Companies and Human Rights by Carlos Lopez-Hurtado.- International Soft Law Initiatives: The Opportunities and Limitations of the Montreux Document, ICoC, and Security Operations Management System Standards by Rebecca DeWinter-Schmitt.- Ideas on the International Minimum Standard for the Privatization, Export, and Import of Armed Coercion by Helena Torroja Mateu.- Conclusion by Helena Torroja Mateu.
About the author
Helena Torroja, University of Barcelona, Law School, Barcelona, Spain
Summary
This book explores the human rights consequences of the new mercenarism, as channeled through so-called private military and security companies (PMSCs), and offers an overview of the evolution and status quo of both non-legal (soft law and self-regulation) and legal initiatives seeking to limit them. It addresses various topics, including the impact of the presence of non-state actors on human security using the cases of Afghanistan and Syria; research on PMSCs’ impact on human rights in specific cases; the insufficiency and ineffectiveness of existing direct and indirect legal prohibitions on the use of mercenaries; various aspects of international human rights law and international humanitarian law related to the conduct of PMSCs; soft-law and self-regulation mechanisms; and the international minimum standard in general international law regarding the privatization, export, import, and contracting of PMSCs.
