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Regulating privatisation of “war”: the role of the EU in assuring the compliance with international humanitarian law and human rights

Regulating privatisation of “war”: the role of the EU in assuring the compliance with international humanitarian law and human rights

Objective

The goal of the research project is to assess the impact of the extensive use of private military and security companies in situations of armed conflict and to discuss the regulatory framework at national, European and international levels, to assure compliance with international humanitarian law and human rights. Though this is not a new phenomenon, the fear motivating commentators and activists was that private companies operate in a legal vacuum. Although there is growing consensus now in the literature that the situation actually resembles more a complex patchwork of norms, the key question still remains whether and how these existing norms can be effectively applied and whether they need to be supplemented with new norms. Specific objectives are: to promote a better understanding of the phenomenon of the privatisation of war; to clarify the legal status of PMCs/PSCs employees under international humanitarian law; to foster knowledge on the impact of private military activities on the enjoyment of human rights; to analyse international responsibility and accountability of the corporations; to examine the existing regulation at national and EU levels, to explore the ways the EU could regulate PMCs/PSCs. The current proposal seeks to highlight the crucial role of the EU in three respects, which to date have not received much attention in the literature. First, the proposal will seek to offer insights into how the EU can and should develop a unified position on the international regulation of PMCs/PSCs. Second, the work to be undertaken will assess the need for and potential of harmonization of the EU member states’ domestic approaches towards PMCs/PSCs. Lastly, the present proposal will offer advice to policymakers on the development of a regulation scheme at the supranational level. To date, the existing literature on such schemes has largely neglected the role of the EU could and should play in this regard.
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Coordinator

EUROPEAN UNIVERSITY INSTITUTE

Address

Via Dei Roccettini 9
50014 Fiesole

Italy

Activity type

Higher or Secondary Education Establishments

EU Contribution

€ 372 320

Administrative Contact

Serena Scarselli (Ms.)

Participants (6)

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LUISS LIBERA UNIVERSITA INTERNAZIONALE DEGLI STUDI SOCIALI GUIDO CARLI

Italy

EU Contribution

€ 184 162

THE UNIVERSITY OF SHEFFIELD

United Kingdom

EU Contribution

€ 159 520

RIGA JURIDISKA AUGTSKOLA

Latvia

EU Contribution

€ 52 320

UNIVERSITEIT UTRECHT

Netherlands

EU Contribution

€ 122 800

UNIVERSITE PARIS II PANTHEON ASSAS

France

EU Contribution

€ 103 760

JUSTUS-LIEBIG-UNIVERSITAET GIESSEN

Germany

EU Contribution

€ 143 800

Project information

Grant agreement ID: 217405

Status

Closed project

  • Start date

    1 January 2008

  • End date

    30 June 2011

Funded under:

FP7-SSH

  • Overall budget:

    € 1 439 749

  • EU contribution

    € 1 138 682

Coordinated by:

EUROPEAN UNIVERSITY INSTITUTE

Italy