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Savryga, K.P. The responsibility of the receiving State and the State of incorporation for the wrongful actions of private military and security companies

Published in journal "Law and Politics", 2014-1 in rubric "XXI century International law", pages 42-52.

Resume: Various states use the services of private military and security companies during armed conflicts and occupations in order to perform tasks that were previously considered as a privilege of the military. However, as well as the military personnel, the employees of private military companies are able to commit unlawful acts in violation of international law. In this article, the author studied the legal regime of responsibility and commitment, the subject of which is the receiving State and the home State (place of incorporation). The author concludes that despite the fact that they do not enter directly into agreements with private military companies, and cannot be directly responsible for committing military crimes or other serious violations of international law, they shall have a duty to comply with due diligence obligations in respect with the norms of international humanitarian law, neutrality laws and international human rights law.

Keywords: State of incorporation, home State, neutrality, military crimes, human rights law, international humanitarian law, the responsibility of the state, private military companies, international legal responsibility and host State.

DOI: 10.7256/1811-9018.2014.1.9569

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