A/HRC/42/36
32.
The representative of Centre Europe-tiers monde underlined that it was crucial to
hold responsible not only the States but also the private military and security companies,
within their supply chains, by establishing binding regulations. The importance of
establishing a follow-up implementation mechanism for the binding instrument was
stressed.
33.
In the debate following general statements, some delegations expressed the view that
it would be important for any new regulatory framework to draw from and complement
existing processes, mechanisms, legislation and initiatives such as the International Code of
Conduct for Private Security Service Providers and the International Code of Conduct
Association, the Montreux Document and the Montreux Document Forum. Other
delegations indicated that they viewed those mechanisms less favourably, and a few
underscored that they did not support them at all. It was pointed out that a new regulatory
framework should be attractive and compelling in order to encourage States to subscribe to
and support it.
34.
Some delegations suggested that the new regulatory framework should build on the
findings of the Working Group on the use of mercenaries, including its draft proposal for a
possible new international legal instrument regulating private military and security
companies (A/HRC/15/25, annex). The representative of one State proposed uncoupling the
issue of mercenaries from the discussion on private military and security companies.
35.
Delegations considered the importance of implementing national legislation that
would incorporate international law regulating the activities of private military and security
companies. The representatives of several States provided examples of national legislation
they had adopted in that regard.
36.
Several delegations discussed gaps in international law related to private military
and security companies. The representative of one State, for example, highlighted the need
to define the status under international law of individual contractors employed by private
military and security companies. The member of the Working Group on the use of
mercenaries responded by suggesting that any new regulatory framework should avoid
defining the contractors themselves and focus instead on regulating services, as was done
under Swiss law.
37.
Several delegations noted that any regulatory framework should clearly list the
activities that States may not delegate to private military and security companies. Other
delegations agreed that a new framework should also regulate more complex issues, such as
the behaviour of private military and security subcontractors and the use of new tactics and
technologies such as cyberwarfare, unmanned aerial vehicles and autonomous weapons
systems.
38.
Several delegations highlighted the need to regulate private military and security
companies given the fact that they had been used to destabilize democracies in the past.
IV. Discussion on the elements for an international regulatory
framework
39.
In line with resolution 36/11, the working group considered the following elements
of an international regulatory framework as drawn from the discussion documents adopted
at the sixth session of the former working group, in the order set forth in its programme of
work: objectives and principles of the regulatory framework (elements 2 and 3); contracting
States and territorial States (elements 4 and 5); home States and States of nationality
(elements 6 and 7); private military and security companies (element 8); and definitions and
interpretations (element 1). These elements and their corresponding numbering are drawn
from the discussion document.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents