the privatisation of war the law of armed conflict and private military firms dr regina rauxloh...
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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
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