A/HRC/15/25
PP 23: Being of the opinion that effective protection requires appropriate national and
international legislation in order to adopt and implement mechanisms to ensure
enforcement,
PP 24: Considering the urgency for States parties to agree on international minimum legal
standards to regulate the activities of PMSCs,
Have agreed as follows:
Part I
General Provisions
Article 1
Purpose
1.
Bearing in mind the fundamental principles of international law on the prohibition of
the threat and use of force and on the equal sovereignty of States, the purposes of the
present convention are:
(a)
To reaffirm and strengthen State responsibility for the use of force and
reiterate the importance of its monopoly of the legitimate use of force within the
comprehensive framework of State obligations to respect, protect and fulfil human rights,
and to provide remedies for violations of human rights;
(b)
To identify those functions which are inherently State functions and which
cannot be outsourced under any circumstances;
(c)
To regulate the activities of PMSCs and subcontractors;
(d)
To promote international cooperation between States regarding licensing and
regulation of the activities of PMSCs in order to more effectively address any challenges to
the full implementation of their human rights obligations including the right to selfdetermination;
(e)
To establish and implement mechanisms to monitor the activities of PMSCs
and violations of international human rights and humanitarian law in particular any illegal
or arbitrary use of force committed by PMSCs, to prosecute the perpetrators and to provide
effective remedies to the victims.
2.
In the implementation of the Convention, States parties shall take all necessary
legislative, judicial and administrative measures pursuant to existing or emerging
provisions of their domestic laws to ensure that PMSCs do not engage in illegal activities or
in arbitrary use of force.
Article 2
Definitions
If not specified separately or implied differently, for the purposes of the present
Convention:
(a)
Private Military and/or Security Company (PMSC): refers to a corporate
entity which provides on a compensatory basis military and/or security services by physical
persons and/or legal entities;
GE.10-15155
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents