A/HRC/42/36 1 (d) Complex environments. 75. Three delegations proposed reverting to existing definitions in the Montreux Document and the definitions contained in the draft proposal by the Working Group on the use of mercenaries for a possible new international legal instrument regulating private military and security companies. One delegation specified that the Montreux Document definitions, which are services-based and deal with private business entities that provide military and security services irrespective of how they perceive themselves, could serve as a basis for discussion. 76. The Montreux Document provides the following definitions: (a) “Private military and security companies” are private business entities that provide military and/or security services, irrespective of how they describe themselves. Military and security services include, in particular, armed guarding and protection of persons and objects, such as convoys, buildings and other places; maintenance and operation of weapons systems; prisoner detention; and advice to or training of local forces and security personnel; (b) “Personnel of a private military and security company” are persons employed by, through direct hire or under a contract with, a private military and security company, including its employees and managers; (c) “Contracting States” are States that directly contract for the services of private military and security companies, including, as appropriate, where such a private military and security company subcontracts with another private military and security company; (d) “Territorial States” are States on whose territory private military and security companies operate; (e) “Home States” are States of nationality of a private military and security company, i.e. where a private military and security company is registered or incorporated; if the State where the private military and security company is incorporated is not the one where it has its principal place of management, then the State where the private military and security company has its principal place of management is the “home State”.5 77. A participant also supported a services approach as included in the International Code of Conduct for Private Security Service Providers. A delegation proposed language from the Montreux Document, referring to the fact that private security and military companies provided services in exchange for financial compensation. It suggested the following definition of private military and security companies: “A private military and security company is that company, and its branches or subsidiaries, that provides private paid military or security services to any moral or natural body that requires these services.” 78. Two delegations further underlined the need to harmonize the use of terms throughout the discussion document. For example, the term “industry” was used in some places instead of “companies”. One delegation further stressed the need to differentiate between military and security companies and to provide definitions for both, as both were referred to in the discussion document. It also emphasized the need to refer to a nexus with situations of conflict in order to trigger the application of international humanitarian law. A participant questioned whether there was a need to define private military and security companies if private military companies and private security companies were to be defined separately. It was noted that the need for separate definitions of private military companies and private security companies required further discussion. A delegation expressed doubts about how to define private military companies and private security companies separately as there was no precedent for separate definitions. Another delegation indicated that it 5 14 The Montreux Document on Pertinent Legal Obligations and Good Practices for States related to Operations of Private Military and Security Companies During Armed Conflict, International Committee of the Red Cross and Federal Department of Foreign Affairs of Switzerland (2008), preface, para. 9.