A/HRC/15/25
Annex
Draft of a possible Convention on Private Military and
Security Companies (PMSCs) for consideration and action by
the Human Rights Council
The Parties to the present Convention,
PP 1: Reaffirming the General Principles enshrined in the Charter of the United Nations, the
erga omnes obligations related to the protection of human rights and the strict adherence to
principles of the sovereign equality of all States, the territorial integrity and political
independence of every State, the right of self-determination of peoples, the prohibition of
the threat, or the use of, force in international relations, the prohibition of propaganda for
war and the prohibition of interference in affairs which are essentially within the domestic
jurisdiction of any State,
PP 2: Further reaffirming the principles and rules of international human rights and
humanitarian law and their complementarity,
PP 3: Bearing in mind the universal principle of non-discrimination contained in all
international human rights instruments and the basic labour rights recognized in the ILO
conventions,
PP 4: Recalling the International Law Commission’s Articles on State Responsibility,
PP 5: Conscious of the international commitment to prevent impunity for war crimes,
crimes against humanity, genocide and grave breaches of the Geneva Conventions, and
affirming in this connection the principles contained in the Statute of Rome of the
International Criminal Court,
PP 6: Acknowledging the duty of all States to prevent human rights violations through
legislative and other measures, the duty to investigate reports of violations and, where
appropriate, prosecute and punish offenders as well as to provide adequate remedies to
victims,
PP 7: Further acknowledging the duty of all States to prevent violations of human rights or
other abuses committed by or involving transnational corporations and other business
enterprises,
PP 8: Bearing in mind other relevant international conventions, including The Hague
Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14
May 1954, and its two Protocols, and the 2005 UNESCO Convention on the Protection and
Promotion of the Diversity of Cultural Expression, and other relevant principles,
PP 9: Concerned about the increasing delegation or outsourcing of inherently State
functions which undermine any State’s capacity to retain its monopoly on the legitimate use
of force,
PP 10: Taking into consideration the International Convention against the Recruitment,
Use, Financing and Training of Mercenaries, as well as the OAU Convention for the
elimination of mercenarism in Africa,
PP 11: Considering that responsibility for violations of international humanitarian and
human rights may be imputable not only to States but also to intergovernmental
organizations and non-State actors, including private military and security companies
GE.10-15155
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents