A/HRC/15/25
55.
This part also covers areas such as the liability of legal persons and entities, the
establishment of States’ jurisdiction, the obligations related to prosecution and extradition
measures. The draft instrument also provides for the establishment of an international fund
for the rehabilitation of victims.
56.
Part V deals with the establishment of a committee on the regulation, oversight and
monitoring of PMSCs. In accordance with established procedures in international human
rights treaties, the committee would receive reports by States parties on the legislative,
judicial, administrative or other measures which they have adopted and which give effect to
the provisions of this convention. The draft convention also envisages an inquiry procedure
and an individual complaint procedure. It would also receive complaints from States parties
which consider that another State party is not giving effect to the provisions of the
Convention and set up an ad hoc conciliation commission if deemed necessary. The draft
also proposes that the Secretary-General establish an international register of PMSCs
operating on the international market based on information provided by States parties. Each
State party would provide data annually for the Register on imports and exports of military
and security services of PMSCs and standardized information on PMSCs registered in and
licensed by the State party.
57.
Part VI lists the final provisions, including the ratification, entry into force,
amendments and reservations, and is also based on provisions existing in other human
rights conventions.
D.
Comments from Member States and non-governmental entities
1.
Process
58.
In accordance with Human Rights Council resolution 10/11 of 20 March 2009, the
Working Group organized a series of consultations with a wide range of stakeholders on the
content and scope of a possible draft convention from July 2009 to May 2010.
59.
An initial draft text of a possible convention was circulated on 15 July 2009 to some
250 experts, academics and NGOs for comments. They were given until the end of
September 2009 to provide their input on the content and scope of the Convention. The
Working Group received some 45 written submissions from this group in response to its
letter, comprising a total of over 400 comments.8
8
GE.10-15155
The following institutions and individuals submitted comments: Geneva Centre for the Democratic
Control of Armed Forces (DCAF); FAFO foundation, International Committee of the Red Cross,
Human Rights Advocates, Omega Research Foundation, Alfred de Zayas, Geneva School of
Diplomacy, Helena Torroja, University of Barcelona and Sònia Güell, Pompeu Fabra University,
Victor Guerrero, Pontificia University Javeriana of Bogotá, Sabelo Gumedze, Institute for Security
Studies, Dr. Alexander Volevodz, Mr. Ivan Safranchuk, Moscow State Institute of International
Relations of Russian MFA; Prof. Marco Sassóli, Prof. Vincent Chetail, Lindsay Cameron, University
of Geneva, Faculty of Law; Paul Higate, Bristol University; Emily Speers Mears, HPCR/independent
consultant; Christopher Kinsey, King’s College, London; Claribel de Castro Sánchez, UNED
University; Olga Martin Ortega, University of East London and Kristopher Kerstetter, Linklaters
LLP; Julio Jorge Urbina, University of Santiago de Compostela; Francesco Francioni and Christine
Bakker, European University Institute, Florence; Susanne Schmeidl, expert on PMSCs in
Afghanistan; Andrei Kozik, IILSR, Belarus; Vera Rusinova, Immanuel Kant State University of
Russia; Ottavio Quirico, European University Institute, Florence; Natalino Ronzitti, LUISS
University, Rome; Michael Love, United States Attorney; Petr Kremnev, Lomonosov State
University, Moscow; Colombian Academic Network and input following an academic meeting in
Ecuador; Cora Weiss, Hague Appeal for Peace; Doug Brooks, International Peace Operations
13
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