the privatisation of war the law of armed conflict and private military firms

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The Privatisation of War The Law of Armed Conflict and Private Military Firms Dr Regina Rauxloh School of Law, University of Surrey, UK Surrey International Law Centre [email protected]

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The Privatisation of War The Law of Armed Conflict and Private Military Firms. Dr Regina Rauxloh School of Law, University of Surrey, UK Surrey International Law Centre [email protected]. Outline. Law of Armed Conflict and Global Studies The Law of Armed Conflict - PowerPoint PPT Presentation

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The Privatisation of WarThe Law of Armed Conflict and Private

Military Firms

Dr Regina Rauxloh

School of Law, University of Surrey, UKSurrey International Law Centre

[email protected]

Outline

Law of Armed Conflict and Global Studies

The Law of Armed Conflict Private Military Firms The International Criminal Court Call for Development

Law of Armed Conflict and Global Studies

Why is the Law of Armed Conflict important for non-lawyers?

Two major legal developments:– Codification of Law of Armed Conflict– International criminal responsibility

The early beginnings of Law of Armed Conflict

1859 The Battle of Solferino Henry Dunant ‘A Memory of Solferino’ 1864 Geneva Convention for the

Amelioration of the Condition of the Wounded and Sick in Armies in the Field

1968 St Petersburg Declaration

‘Hague Law’

Rules on how hostilities can be conducted in a lawful manner1907 Hague Conference

Rights and duties of the belligerents in their conduct of operations

Limitations and prohibitions in the choice of methods and means of warfare

Rules regarding occupation Rules regarding neutrality

‘Geneva Law’Rules governing the treatment of non-

combatants

Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field

Convention (II) ) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea

Convention (III) Relative to the Treatment of Prisoners at War

Convention (IV) Relative to the Protection of Civilian Persons in Time of War

Main Principles

No unlimited choice of means of attack

Distinction between combatants and non-combatants (prisoners of war, sick or wounded, civilians)

Non-combatants must be treated with humanity

Attacks must be directed against military, not civilian objects

Necessity of means to defeat the enemy

Changes of Nature of Warfare

International conflicts– Common Article 3 1949– Additional Protocol I 1977

Forms of combatants– Additional Protocol II 1977

New weapon technology– Certain conventional Weapons

Convention 1980

Development of LOAC

The Battlefield– The Battle of Solferino and San Marino– Hague Conference 1907

Civilian Suffering– Four Geneva Conventions 1949

Guerrilla Fighting– Additional Protocols

Private Military Firms– ?

PMC services

Private Military Companies (PMC)

Why rise of PMF problematic?

1. Gross human rights violations by PMF

2. Significance for democracy

3. Significance for international security

Alleged human rights abuses

Conclusions