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 9: Final remarks and conclusion

Frauke Renz

Abstract

The conclusion looks back at the various approaches taken to understand whether the ASR apply to the privatization of security and new trends in warfare. To answer the overarching question of this study, the ASR are applicable to the privatization of security and new trends in warfare. There are, however, several challenges. These range from the discussed relativity of key concepts of attribution to the inapplicability of the effective control test to autonomous warfare. The traditional understanding of elements of governmental authority as well as control and oversight must be adapted to allow for their application to new trends in warfare. These trends, ranging from remote operations to autonomy in weapon systems, bear many legal challenges. They also create increased due diligence obligations. Yet, because of the relativity of this concept, there is limited merit in solely focusing on the states’ positive obligations.

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