Thesis Abstract and Dissertation Abstracts
Jurisdictional Issues of Subcontracting war
Abstract Category: Laws
Course / Degree: Master thesis in International Law
Institution / University: Uppsala University, Sweden
Published in: 2007
Historically, there is nothing new about the military’s use of private contractors. Although the history of mercenary forces stretches back at least 4000 years, the war in Iraq has seen outsourcing on an unprecedented scale. Unique is also the degree to which Private Security
Companies (PSCs) are demanding recognition as legally and morally legitimate entities. This development raises important moral, ethical, legal and policy questions. Despite this, there has been little focused attention on this phenomenon. PSCs were involved, be it directly or indirectly, in the abuse of prisoners in the Abu Ghraib prison and they were not prosecuted for their deeds as were the soldiers belonging to the American military ranks. I have found that several laws could be used to hold PSCs and their employees accountable; the US Alien Tort Claim Act, the US War Crime Act, the US Patriot Act, the US Military Extraterritorial Act (for contractors with contracts of the US Department of Defense), the US Torture Act, and several countries national jurisdiction implementing universal jurisdiction and not forgetting the actions that the government can take against a
contractor such as termination of contracts, suspension and debarment. My conclusion is that it is the lack of political will that hinder prosecution of PSCs, not the lack of applicable laws.
Thesis Keywords/Search Tags:
Private Security Companies, Jurisdiction, International law, Abu Ghraib
This Thesis Abstract may be cited as follows:
Lyngdorf, Sandra (2007), Jurisdictional Issues of Subcontracting War, University of Uppsala
Submission Details: Thesis Abstract submitted by Sandra Lyngdorf from Sweden on 20-Mar-2007 01:59.
Abstract has been viewed 2695 times (since 7 Mar 2010).
Sandra Lyngdorf Contact Details: Email: sandralyngdorf@gmail.com
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