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 8: Case studies

Frauke Renz

Abstract

Three case studies were chosen to address new trends in warfare and the role of PMSCs therein. They are not the typical cases discussed when addressing responsibility for the acts of PMSCs but address the reliance on contractors during drone operations as well as in the programming of autonomous weapon systems. In these case studies, it is examined whether the acts of the contractors were attributable to the state, if the states violated their due diligence obligations and whether outsourcing the respective function violated the contracting state's legal obligations. These case studies were used to test the previously established hypotheses. It became evident that there are challenges with applying some of the rules on attribution to new trends in warfare. Moreover, the role of territorial states is particularly intricate during remote warfare. Finally, proximity to the battlefield becomes a key factor when addressing whether the principle of distinction was violated.

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