The role of the inter-American system of human rights in the regulation of private military and security companies (PMSCs) in Latin America

Resource Information

The work The role of the inter-American system of human rights in the regulation of private military and security companies (PMSCs) in Latin America represents a distinct intellectual or artistic creation found in European University Institute. This resource is a combination of several types including: Work, Language Material, Books.

Label

The role of the inter-American system of human rights in the regulation of private military and security companies (PMSCs) in Latin America

Statement of responsibility

Antoine Perret

Creator

• Perret, Antoine

Contributor

• European University Institute, Law Department

Subject

• Inter-American Court of Human Rights
• Private military companies -- Latin America
• Human rights -- Latin America
• Private security services -- Latin America

Language

eng

Summary

The use of private military and security companies (PMSCs) is a growing phenomenon in Latin America and the Caribbean, where complex situations are common. Even though the use of PMSCs is not per se problematic, the lack of an efficient international and national regulatory framework for PMSCs raises several concerns about the protection of human rights. This study aims first to analyze PMSCs' activites and regulation thereof in conditions in which there is a mix of several types of situation, such as armed conflict and criminal activities or post-disaster and post-conflict. This complexity challenges the identification of the law applicable<U+0127> �international humanitarian law or/and international human rights law<U+0127> �and, thus, challenges the enforcement of any adequate regulation for PMSCs. Three case studies<U+0127> � Colombia, Mexico, and Haiti<U+0127> �illustrate these issues. In Colombia, a non-international armed conflict has been ongoing for approximately fifty years alongside criminal activities linked to drug trafficking. In Mexico, the War on Drugs has escalated to a situation technically classifiable as an armed conflict. Finally, in Haiti, the situation evolved from an armed conflict (2004-2007), to a situation of peace with a high criminal rate before the earthquake (2007-2010), to a post-earthquake disaster situation in which criminality is rising but the intensity of the violence has not reached the level to be classified an armed conflict (2010-present). In order to implement international standards concerning PMSC regulation it is necessary to consider both bodies of law and force territorial states to assume their responsibilitities. Considering these elements I then argue that the Inter-American System of Human Rights can play a significant role in improving PMSCs' regulation in Latin America and the Caribbean thanks to is avant-gardiste features. Its jurisprudence on non-state actors coupled with its use of external sources to interpret the American Convention on Human Rights would allow the implementation of international norms, including international initiatives on PMSCs, in the region

Member of

• EUI PhD theses

Cataloging source

IT-FiEUI

Date time place

Defence date: 8 December 2014

Dissertation note

Thesis (Ph. D.)--European University Institute (LAW), 2014.

Index

no index present

Literary form

non fiction

Nature of contents

theses

Series statement

• EUI PhD theses
• EUI theses