Private Military And Security Companies Pmscs And The Quest For Accountability

Private Military and Security Companies (PMSCs) have constituted a perennial feature of the security landscape. Yet, it is their involvement in and conduct during the ongoing wars in Iraq and Afghanistan that have transformed the outsourcing of security services into such a pressing public policy and world-order issue. The PMSCs’ ubiquitous presence in armed conflict situations, as well as in post-conflict reconstruction, their diverse list of clients (governments in the developed and developing world, non-state armed groups, intergovernmental and non-governmental organizations, and international corporations) and, in the context of armed conflict situations, involvement in instances of gross misconduct, have raised serious accountability issues. The prominence of PMSCs in conflict zones has generated critical questions concerning the very concept of security and the role of private force, a rethinking of "essential governmental functions," a rearticulation of the distinction between public/private and global/local in the context of the creation of new forms of "security governance," and a consideration of the relevance, as well as limitations, of existing regulatory frameworks that include domestic and international law (in particular international human rights law and international humanitarian law). This book critically examines the growing role of PMSCs in conflict and post-conflict situations, as part of a broader trend towards the outsourcing of security functions. Particular emphasis is placed on key moral, legal, and political considerations involved in the privatization of such functions, on the impact of outsourcing on security governance, and on the main challenges confronting efforts to hold PMSCs accountable through a combination of formal and informal, domestic as well as international, regulatory mechanisms and processes. It will be of interest to scholars, policymakers, practitioners and advocates for a more transparent and humane security order. This book was published as a special issue of Criminal Justice Ethics.

Although subject to little discussion, the UN has increasingly paid private military and security companies (PMSCs) for a range of services in the areas of humanitarian affairs, peacebuilding and development. However, this practice has rarely translated into coherent policies or guidelines that could guide the UN in setting standards or ensuring responsible contracting procedures. This paper explores UN demand for PMSCs and identifies the need for a more proactive, sensitive and deliberate political approach in order to avoid potential pitfalls associated with involving PMSCs in the delivery of UN tasks.

In this Chapter, Hannah Tonkin examines in detail the challenges that confront states in supervising and managing private military and security companies (PMSCs) effectively in the field, particularly in weak or conflict-prone states. Effective management of PMSCs is problematic and the stakes are high. For example, there is the potential for PMSCs to challenge state authority and even impede, in the long term, the development of strong public institutions. The rapid proliferation of PMSCs in the 1990s led to a paradigm shift in military security, raising the question of whether democratic constraints are still valid and sufficient for the new institutions that dominate the use of force. Tonkin argues that states have been slow to adjust and have taken inadequate measures to constrain the use of force. There have been recent improvements, however. Tonkin suggests that for PMSCs to fulfill fundamental values, such as the achievement of physical security, their use of force must be democratically constrained. She concludes the chapter with a discussion of improvements in the regulation of PMSCs and the broader questions that remain to be addressed.

Over the past twenty years, Private Military and Security Companies (PMSCs) have become significant elements of national security arrangements, assuming many of the functions that have traditionally been undertaken by state armies. Given the centrality of control over the use of coercive force to the functioning and identity of the modern state, and to international order, these developments clearly are of great practical and conceptual interest. This edited volume provides an interdisciplinary overview of PMSCs: what they are, why they have emerged in their current form, how they operate, their current and likely future military, political, social and economic impact, and the moral and legal constraints that do and should apply to their operation. The book focuses firstly upon normative issues raised by the development of PMSCs, and then upon state regulation and policy towards PMSCs, examining finally the impact of PMSCs on civil-military relations. It takes an innovative approach, bringing theory and empirical research into mutually illuminating contact. Includes contributions from experts in IR, political theory, international and corporate law, and economics, and also breaks important new ground by including philosophical discussions of PMSCs.

Private actors are increasingly taking on roles traditionally arrogated to the state. Both in the industrialized North and the developing South, functions essential to external and internal security and to the satisfaction of basic human needs are routinely contracted out to non-state agents. In the area of privatization of security functions, attention by academics and policy makers tends to focus on the activities of private military and security companies, especially in the context of armed conflicts, and their impact on human rights and post-conflict stability and reconstruction. The first edited volume emerging from New York University School of Law's Institute for International Justice project on private military and security companies, From Mercenaries to Market: The Rise and Regulation of Private Military Companies broadened this debate to situate the private military phenomenon in the context of moves towards the regulation of activities through market and non-market mechanisms. Where that first volume looked at the emerging market for use of force, this second volume looks at the transformations in the nature of state authority. Drawing on insights from work on privatization, regulation, and accountability in the emerging field of global administrative law, the book examines private military and security companies through the wider lens of private actors performing public functions. In the past two decades, the responsibilities delegated to such actors - especially but not only in the United States - have grown exponentially. The central question of this volume is whether there should be any limits on government capacity to outsource traditionally "public" functions. Can and should a government put out to private tender the fulfilment of military, intelligence, and prison services? Can and should it transfer control of utilities essential to life, such as the supply of water? This discussion incorporates numerous perspectives on regulatory and governance issues in the private provision of public functions, but focuses primarily on private actors offering services that impact the fundamental rights of the affected population.

Many states view Private Military and Security Companies (PMSCs) as crucial to implementing their security policy. However, reoccurring incidents of human rights violations have led the international community, private sector, and civil society to acknowledge the need for more control over the use of PMSCs. Growing state support for The Montreux Document and an ever growing number of signatory companies to the International Code of Conduct for Security Providers (ICoC) show that self-regulation through non-binding norms has shifted to the center of the debate. This book examines the promises and dangers of emerging non-binding PMSC regulation alongside more traditional forms of law-making, such as plans for an international convention on the use of PMSCs. It offers an in-depth analysis of legal and political developments that led to the proliferation of The Montreux Document and the ICoC. Identifying the state side of duties and corporate responsibility as leaving gaps and grey zones in international law, the book analyzes how both instruments address 'the responsibility to protect' and 'the responsibility to respect.' Covering the Private Security Providers' Association's Articles of Association, the most recent developments on the establishment of a PMSC oversight mechanism are included. Finally, the book provides an original theory of how both instruments could become more effective to protect victims against PMSC human rights violations: The Montreux Document, by developing into a form of customary international law, and the standards of the ICoC framework, by developing into more binding normative standards as a form of 'corporate custom.'

Private military and security contractors (PMSCs) are a common feature to the modern battlespace. As the market for force and the demand for PMSCs continues to grow, so has the concern amongst scholars and researchers of international relations on how to properly regulate these actors. Despite this concern surrounding the use of private contractors, the lack of an universal legal framework and a solid alternative has allowed for PMSCs to often go unaccountable for transgressions committed during their operations abroad. This research, therefore, focuses on the effects of public opinion and social accountability as a regulatory measure in ensuring PMSCs are held accountable. The public has played an important role in holding their governments accountable and they should be considered an important actor in holding private military and security contractors accountable as well.

This book’s primary concern is the application of International Humanitarian Law and International Human Rights Law in addressing the business conduct of Private Military and Security Companies (PMSCs) during armed conflicts, as well as state responsibility for human rights violations and current attempts at international regulation. The book discusses four interconnected themes. First, it differentiates private contractors from mercenaries, presenting an historical overview of private violence. Second, it situates PMSCs’ employees under the legal status of civilian or combatant in accordance with the Third and Fourth Geneva Conventions of 1949. It then investigates the existing law on state responsibility and what sort of responsibility companies and their employees can face. Finally, the book explores current developments on regulation within the industry, on national, regional and international levels. These themes are connected by the argument that, in order to find gaps in the existing laws, it is necessary to establish what they are, what law is applicable and what further developments are needed.

This book identifies and explains the functional and ideational boundaries regarding what states and Private Military and Security Companies (PMSCs) both do and possess regarding land power, sea power, and air power. Whereas the mercenaries, privateers, and chartered companies of years past held similar characteristics to state military forces, the PMSCs of today are dissimilar for two reasons: a conventional forces norm amongst states and a state proclivity towards the offensive. These factors reveal both the limitations of and the possibilities for contemporary security privatization. This volume is ideal for civilian and military practitioners and students wishing to develop a detailed understanding of what the private military and security industry has to offer and why it is structured the way it is.

This book examines the legitimation of Private Military and Security Companies (PMSCs), focusing on the controversy between PMSCs and nongovernmental organizations (NGOs). While existing studies disproportionately emphasizes the ability for companies and their clients to dominate and shape perceptions of the industry, this book offers an alternative explanation for the oft-cited normalization of PMSCs and the trend to privatize security by analyzing the changing relationship between PMSCs and NGOs. It uses the concept of ‘norm entrepreneurship’ to elucidate the legitimation game between these two dissimilar actors. Starting from the 1990s, the book shows that the relationship between PMSCs and NGOs has undergone a transition by literally moving from ‘the barricades to the boardrooms’. After years of fierce advocacy and PR campaigns against PMSCs, today both actors increasingly collaborate in multi-stakeholder initiatives, elevating the status of PMSCs from a scorned actor to a trusted partner in the regulation of the industry. The work offers a comprehensive explanation of when and why this kind of collective norm entrepreneurship is likely to occur. This book will be of interest to students of PMSCs, critical security studies, global governance, international norms, and International Relations.