Private military and security companies as entities that exercise public prerogatives and international State responsibility

Abstract

Several questions regarding the responsibility of those involved stem from the phenomenon of privatization of state functions. This study analyzes the criteria of attribution according to which to the State is attributed a role, which in turn is used to empower entities to exercise elements of government authority, applying attribution rationale to cases where the State acts through private entities to develop their own functions. After an explanation of this phenomenon itself, and its relations with the role of mercenary, we will review the existing primary rules as well as private and public attempts to regulate this phenomenon. On the basis of this the attribution of conduct of these private entities the State will be analyzed and solutions regarding international State responsibility will be offered.