Private Military and Security Companies and the EU's Crisis Management: Perspectives under Human Rights and International Humanitarian Law

Abstract

The actual and potential role of PMSCs within the European Union's crisis-management operations make it crucial to clarify the legal framework in which their personnel must operate. This is all the more true with respect to their obligations under human rights law and international humanitarian law, in order to prevent possible violations of these legal regimes by private contractors in the context of EU-led civilian and military missions. In view of that aim, this chapter surveys possible sources of obligations under human rights law and international human rights law for the personnel engaged in EU crisis-management operations, and endeavours to assess which of these sources may be binding on PMSCs contracted in the framework of the EU's Common Security and Defence Policy (CSDP). Finally, it seeks to identify viable regulatory options in order to ensure more effective compliance by such companies with human rights law and international human rights law.