Author: A[na] F[ilipa] Vrdoljak
Title: Women, PMSCs and International Law
In: Gender and Private Force in Global Politics
Edited by: M. Eichler
Publisher: Oxford University Press
Full Text: SelectedWorks [Free Access]
»It is deeply ironic that as the implementation and enforcement of international humanitarian law and human rights law has been strengthened, in the last decades, through the establishment of individual complaint procedures, specialist tribunal and courts covering breaches of human rights law, international humanitarian law and international criminal law, there has been an erosion of these principles and protections through the privatisation of governmental and intergovernmental functions. Despite an exponential increase in the contracting out of these activities to PMSCs since 2001, the legal regulation of these companies and their personnel has been slow and fragmented.
The failure of the law and regulators to adequately keep up with the rapid expansion and diversification in the use of PMSCs has had a significant impact for victims of human rights violations perpetrated by PMSCs and their employees generally, and for women and girls in particular. To explore these developments, this chapter is divided into two parts. Part One focuses on current initiatives at the international level to provide a regulatory framework for PMSCs and which encompass the obligations of states (and international organisations) in respect of international humanitarian law, human rights law and use of force. Part Two outlines the influence of civil society participation (including feminist academics, women’s NGOs and so forth) in breaking the ‘silence’ within international organisations and international law concerning violence against women and girls and its potential influence upon the regulation of PMSCs. Both parts serve to highlight evolving notions of force and violence, accountability and enforcement, and access to justice and reparations within international law today.« [Source: SelectedWorks]