Cardozo Journal of International and Comparative Law
Abstract
The note argues that the political question doctrine should be narrowly applied to private military companies (PMCs) to ensure accountability while preserving the separation of powers. It critiques the inconsistent application of the Baker v. Carr six-factor test in PMC cases, which often shields these entities from liability. The proposed solution is a dual classification system for claims—distinguishing between commercial-related and combat-related activities—to provide clarity and prevent abuse of the doctrine. This approach aims to balance judicial oversight with respect for executive authority in sensitive military matters.
Disciplines
Contracts | Criminal Law | Criminal Procedure | International Law | Jurisdiction | Law | Military, War, and Peace
Recommended Citation
Joelle D. Keypour,
The Political Question Doctrine in Private Military Company Liability Cases: Defining Claims to Ensure Accountability,
21
Cardozo J. Int'l & Comp. L.
729
(2013).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol21/iss3/6
Included in
Contracts Commons, Criminal Law Commons, Criminal Procedure Commons, International Law Commons, Jurisdiction Commons, Military, War, and Peace Commons