The Privatisation of War The Law of Armed Conflict and Private Military Firms

1. The Privatisation of WarThe Law of Armed Conflict and Private Military Firms Dr Regina Rauxloh School of Law, University of Surrey, UK Surrey International Law Centre r.rauxloh@surrey.ac.uk

2. Outline Law of Armed Conflict and Global Studies The Law of Armed Conflict Private Military Firms The International Criminal Court Call for Development

3. 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

4. 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

5. ‘Hague Law’ Rules on how hostilities can be conducted in a lawful manner 1907 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

6. ‘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

7. 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

8. 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

9. 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 ?

10. PMC services

11. Private Military Companies (PMC)

12. Why rise of PMF problematic? 1. Gross human rights violations by PMF 2. Significance for democracy 3. Significance for international security

13. Alleged human rights abuses

14. Conclusions