State Responsibility and New Trends in the Privatization of Warfare
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State Responsibility and New Trends in the Privatization of Warfare

Frauke Renz

Contracts with private military and security companies are a reality of modern conflicts. This discerning book provides nuanced insights into the international legal implications of these contracts, and establishes an in-depth understanding of the impacts for contracting states, home states and territorial states under the current state responsibility regime.
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Chapter 2: New trends in warfare and their regulation

Frauke Renz


The history of warfare would be incomplete without considering the various forms of involvement of private citizens. From ancient mercenaries to free lances in the Middle Ages, private citizens were prevalent in many conflicts that shaped our modern societies. A brief look at the history of the private security industry and its evolution helps understand the phenomenon. The work of private contractors is no longer limited to the provision of static and mobile security. Instead, private contractors are also performing roles such as analyzing intelligence data, operating UAVs and programming weapon systems. Understanding how they are regulated is thus key to addressing potential gaps with regards to state responsibility. The perceived lack of regulation is a key criticism, yet, PMSCs are addressed in international and regional regulatory efforts, through self-regulatory and voluntary initiatives as well as in national regulation.

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