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 3: The articles on state responsibility

Frauke Renz


Understanding the key concepts and initial considerations regarding the state responsibility regime helps understand the current debates about the applicability of the Articles on State Responsibility (ASR). Moreover, it is important to understand content and structure of the ASR to apply them to new realities in warfare. Key aspects of the ASR encompass the concepts of attribution and breach, circumstances precluding wrongfulness, content and invocation of state responsibility as well as countermeasures. The ASR have to be understood in the context of lex specialis provisions given that self-contained regimes as well as treaty provisions multiply norms in the field of state responsibility. Finally, the interplay of state responsibility, individual responsibility and corporate responsibility is introduced. All levels of responsibility are interrelated when it comes to the involvement of PMSCs.

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