The European Journal of International Law Vol. 19 no. 5 © EJIL 2008; all rights reserved
EU Operations and Private Military Contractors: Issues of Corporate and Institutional Responsibility
* Professor of International Law, University of Sheffield, UK. This article is based on research undertaken as part of an EU FP7 project on Regulating Privatisation of War: The Role of the EU in Assuring Compliance with International Humanitarian Law and Human Rights, available at: www.priv-war.eu
** Lecturer in Law, University of Sheffield, UK
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The European Union has developed its security competence since 1992, thus putting pressure on its Member States to provide troops for the increasing number of EU peace operations being deployed to different areas of the globe. But with national militaries being rationalized and contracted the EU will inevitably follow the lead of the US, the UK, and the UN and start to use Private Military Contractors to undertake some of the functions of peace operations. This article explores the consequences of this trend from the perspective of the accountability and responsibility of both the corporation and the institution when the employees of PMCs commit violations of human rights law and, if applicable, international humanitarian law.