A/HRC/10/14
page 17
consultations and country visits, has come to the conclusion that legal codification of the
comprehensive system of oversight and regulation for the private military and security industry
should be based upon the following principles:
(a) Respect by private military and security companies, as corporate bodies, and their
employees, as natural persons, of universal human rights norms and international humanitarian
law;
(b) Respect by private military and security companies and their employees of the
national law of the countries of origin, transit and operation;
(c) Respect by all parties of the sovereignty of States, of internationally recognized
borders and of the right of peoples to self-determination;
(d) Non-participation by private military and security companies and their employees in
any activities aimed at overthrowing legitimate governments or authorities, the violent change of
internationally recognized borders or foreign taking control by force of natural resources;
(e) Guaranteeing only authorized methods of acquiring, exporting, importing, possessing
and using weapons by private military and security companies and their employees;
(f)
Guaranteeing that only adequate, mandated and proportional use of force is allowed;
(g) Restraint in the use of weapons generally and a total prohibition on the use of
weapons of mass destruction, or weapons resulting in overkill, mass casualties or excessive
destruction;
(h) Accountability of private military and security companies to the Government of their
country of origin and registration, and their country of operation;
(i)
Adequate public transparency of private military and security companies;
(j)
A mechanism of detailed registration of private military and security companies;
(k) A mechanism of licensing of private military and security companies’ contracts for
operation abroad;
(l) A mechanism of monitoring inquiries, investigations, complaints and allegations
regarding the activities of private military and security companies;
(m) A mechanism of sanctions which may be applied nationally and/or internationally to
private military and security companies in the case of violations;
(n) A mechanism of self-regulation of private military and security companies through
providing for enforcement of industry codes of conduct and allowing the monitoring of activities
of private military and security companies by national associations of such companies. Although
not sufficient if considered alone, such a mechanism of self-regulation still can and should be
part of a broader, binding and compulsory system of regulation.
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