Empresas militares y de seguridad privada: entre el logro de la seguridad y la lesión de bienes jurídico-penales

Abstract This article analyzes the connection between corporate crime, human rights and based security issues with an analytical descriptive methodology. In this way, to clearly present this relationship, the article gathers detailed criminal behaviors performed within private security and military...

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Bibliographic Details
Main Author: Ballesteros Sánchez, Julio
Format: Article
Language:Spanish
Published: 2021
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8076145
Source:Criminalidad, ISSN 1794-3108, Vol. 63, Nº. 1, 2021, pags. 123-139
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Summary: Abstract This article analyzes the connection between corporate crime, human rights and based security issues with an analytical descriptive methodology. In this way, to clearly present this relationship, the article gathers detailed criminal behaviors performed within private security and military companies (EMSP, for the Spanish original), since these are non-state actors that commonly serve in countries with conflicts or weak States, as well as in advanced societies in first world countries. Moreover, these companies are a reflection of contracting States' geopolitical intentions when they provide services to regions in conflict. If these companies work ethically and legally, they can contribute to States' security. On the other hand, if their actions are based on flawed management solely aimed at obtaining benefits, they can damage legal-criminal rights and human rights. This is concerning from the perspective of liability, since there is a great regulatory and jurisdictional weakness when it comes to attributing national and international liability to these companies, which creates impunity.