International Responsibility of Hiring State for Illegal Conduct of Private Military and Security Companies (Summary)

Abstract

States hire private military and security companies for in armed conflict and occupation to fulfill some function that used to be a core military. Like a military personnel, personnel of private military and security companies can violate or act incompatibly with international humanitarian and human rights law. Relying on the Draft articles on state responsibility and decision of international tribunals author consider the question of hiring state responsibility. Author chooses four articles as most potential troubleshooting position in question. It concludes that state cannot evade responsibility by using PMSC instead of its military or special forces. Even if action of PMSC falls outside of the ASR state may be held responsible due to fault to exercise its due diligence obligation.