A/HRC/42/36
would submit its views on the proposed definitions to the working group at its next
meeting.
79.
It was recalled that a definition of “complex environments” was no longer needed
because it had been agreed that the framework would apply in all situations where human
rights were at risk. Nevertheless, a delegation stressed the need to define “complex
situations” as they were referred to in item 2 (b), while two other delegations expressed the
need for the definition to be deleted.
80.
At the end of the consideration of the elements for a regulatory framework,
appreciation was expressed for the consensual and constructive nature of the discussion and
the progress made towards fleshing out the elements as contained in the discussion
document.
Sideline discussion on the applicability of international humanitarian law to non-State
actors
81.
The question of whether international humanitarian law binds non-State actors arose
on several occasions during the session.
V. The way forward
82.
The Chair-Rapporteur outlined the way forward by announcing that she would
invite, in line with paragraph 4 of resolution 36/11 and within eight weeks after the online
publication of the advance unedited version of the present summary report, written
contributions from Governments, relevant special procedure mandate holders and
mechanisms of the Human Rights Council, the treaty bodies, regional groups,
intergovernmental organizations, civil society, the industry and other stakeholders with
relevant expertise, including the Co-Chairs of the Montreux Document Forum and the
International Code of Conduct Association.
VI. Concluding remarks
83.
The Chair-Rapporteur concluded the meeting by expressing appreciation for the
constructive spirit displayed by all participants as well as the collaborative manner in which
discussions had taken place during the first session of the working group. This was in her
view a reflection that multilateralism could work, despite the challenging times. She
thanked civil society organizations for their participation, as well as the Working Group on
the use of mercenaries, the Co-Chairs of the Montreux Document Forum, ICRC and the
International Code of Conduct Association.
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