Impressum





Ausgabe 4-2008

Themenschwerpunkt:
Regulierung von privaten Sicherheits- und Militärfirmen / The Regulation of Private Security and Military Companies

INHALT

Editorial | download full article as pdf
Seite III

Themenschwerpunkt: Regulierung von privaten Sicherheits- und Militärfirmen

Beiträge aus Sicherheitspolitik und Friedensforschung

Perspectives On War

Dokumentation

  • International Convention against the Recruitment, Use, Financing and Training of Mercenaries
    Seite 246

  • International Peace Operations Association (IPOA) Code of Conduct
    Seite 249

  • Neue Theorieansätze in der Friedens- und Konfliktforschung – Zweiter Workshop des AK Theorie der AFK - Tagungsbericht
    Maurice Herchenbach
    Seite 251

  • Macht, Recht, Frieden
    Egon Bahr
    Seite 253

Neuerscheinung
Seite 259

Annotationen
Seite 260

Besprechungen | download full article as pdf
Seite 262

ENGLISH ABSTRACTS

New Dog, Old Trick: An overview of the contemporary regulation of private security and military contractors
Hans Born and Anne-Marie Buzatu
The recent shift of security duties from public to private actors has called into question whether existing laws apply to private security actors, leading to problems such as impunity, democratic accountability, and the awkward extraterritorial application of laws that were designed for domestic use. In response to this criticism, private security industry groups have taken it upon themselves to develop codes of conduct as a form of self-regulation. However, while this certainly represents a step in the right direction, these codes lack any real enforcement mechanisms. This situation has provoked national and international attempts to regulate these private actors. While some notable progress has been made on these fronts, there are still important ‘grey areas’ and gaps that need to be filled by effective national and international regulatory frameworks.

Rules and Responsibilities of Employees of Private Military Companies under International Humanitarian Law
Andreas Schüller
The presence of private military companies on the battlefield creates new challenges for international humanitarian law. These actors were not foreseen by the drafters of the Geneva Conventions and their Additional Protocols. International Humanitarian Law provides different rules for combatants and civilians, as well as for mercenaries and civilians playing a direct role in hostilities. This article examines the categories under which employees of private military companies fall and the consequences and risks for them, and other actors, and civilians.

Private Military and Security Companies, the European Union, and
Regulation as a Tool for Efficiency
Alyson J.K. Bailes
Some European nations both host and use private military and security companies as a solution to the rising demand for overseas operations at a time when they have shrinking defence assets. However, other nations refuse to legitimise this process and the European regulatory structure is weak. Outsourcing to PMSCs can lead to economic abuses and loss of efficiency as well as misconduct. Remedies require a mix of hard and soft regulation, good contract drafting, and supervision. European performance might benefit from seeking common solutions of this kind in the ESDP framework.

Ansätze zur Exportkontrolle von Sicherheitsdienstleistungen und
sicherheitsrelevantem Wissen – Südafrika und Israel im Vergleich
Daniel R. Kramer
The international trade in security services and security-related expertise implies the potential for a “proliferation of security-related know-how”. In late 2007, South Africa and Israel adopted laws to regulate the export of security services and security- related knowledge. The aim of this article is to compare these laws. After considering the definitions of “security services” and “security-related know-how”, the paper addresses the issue of how difficult these laws will be to implement in practice. Finally, an assessment is made as to which of the two laws seems to be the most adequate means of controlling the export of security services and security-related expertise.

When nobody guards the guards: The quest to regulate private security companies in Afghanistan
Stephen Brooking and Susanne Schmeidl
Despite the fact that private security companies (PSC) started operating in Afghanistan within days of the fall of the Taliban in November 2001, the government of Afghanistan only recently started to put proper regulation in place, under the UNsupported Disbandment of Illegal Armed Groups (DIAG) programme. An overview of the history of efforts to regulate the private security industry in Afghanistan, including self-regulation, is followed by a snapshot of the current status of the regulation that was passed in early 2008. After outlining the impact the unregulated environment has had on the Afghan context, we discuss problems with the current regulatory process. Key problems we identify include vagueness in areas of the PSC regulation as well the difficulty of ensuring adequate enforcement.

Die Selbstregulierung privater Sicherheits- und Militärfirmen als
Instrument der Marktbeeinflussung
Andrea Schneiker
Since the beginning of the 1990s, the number of private security and military firms (PSMFs) has grown rapidly. PSMFs are profit-driven companies that sell military, police and intelligence services. Today, PSMFs are charged with the provision of security in war and post-war situations, although PSMF operations may also contribute to greater levels of violence. Hence the need for PSMFs to be more strictly regulated. Most observers discuss existing national legislation and assess its shortcomings. This article analyses the self-regulation of PSMFs by discussing how PSMFs seek to influence the market for their services and the behaviour of their clients.

The Malacca Straits as Catalyst for Multilateral Security Cooperation
Heather Gilmartin
The Malacca and Singapore Straits are one of the most important maritime chokepoints in the world, linking the dynamic economies in East Asia with the Middle East and Europe. A disruption in the area would devastate trade and impact security relationships. This paper assumes the disruption is caused by a terrorist attack in the Straits and uses this scenario to examine the options available for multilateral cooperation on maritime security issues in the region. It enhances the existing body of literature by specifically looking at the ways three external actors with high stakes in the Straits – the United States, European Union and People’s Republic of China – can contribute to security. Working together on this scenario would not only further the individual interests of these three major players but also provide a foundation for them to cooperate on more sensitive issues in the future. The paper argues that security in the Malacca Straits can best be achieved by these three external actors working together to engage the littoral states in multilateral cooperation.

Modelle Massenvernichtungswaffenfreier Zonen im Nahen und
Mittleren Osten und am Persischen Golf
Rolf Mützenich
The notion of a Middle East nuclear weapon free zone, or a weapons of mass destruction free zone, sounds like a utopian dream. Although the issue has been on international agendas for more than 30 years, it has yet even to approach realization. This article examines the development towards a nuclear weapon free zone in the Middle East, taking into account the special regional problems resulting from a possible realization of this. After that, there will be a discussion of the Gulf Cooperation Council’s (GCC) suggestion of the creation of a weapons of mass destructions free zone in the Persian Gulf.

Collecting, Comparing and Disaggregating Data on Violent Conflicts
Sven Chojnacki and Gregor Reisch
Generating data is analytically crucial for the identification of empirical trends and for theoretically explaining the occurrence, escalation and duration of war. Practically , it contributes to the objective of developing preventive measures. In order to evaluate the evolution and transformation of war, in this article, we first examine the macro-trends for the period between 1946 and 2007 compiled in a new Consolidated List of Wars. In the second part, we compare data from major data-gathering projects to assess both their degree of convergence and their usefulness for the scientific study of war. In the final section we open the black box of war. We present disaggregated violent events for the case of Somalia which is a striking example of organized violence between mostly non-state armed groups, the collapse of state authority and variations of violent events in time and space.
download full article as pdf