A/HRC/15/25
accordance with this Convention and to ensure respect for and protection of international
human rights and humanitarian law.
2.
Each State party shall ensure that PMSCs and their personnel apply due diligence to
ensure that their activities do not contribute directly or indirectly to violations of human
rights and international humanitarian law.
3.
Superiors of PMSC personnel, such as:
(a)
Government officials, whether they are military commanders or civilian
superiors; or
(b)
Directors or managers of PMSCs;
may be liable for crimes under international law committed by PMSC personnel under their
effective authority and control, as a result of their failure to properly exercise control over
them, in accordance with the rules of international law. No clause in a contract shall be
interpreted as permitting evasion of responsibility on the part of superiors under
international law.
Article 8
Prohibition of the use of force
1.
Each State party shall take such legislative, administrative and other measures as
may be necessary to prohibit and make illegal the direct participation of PMSCs and their
personnel in hostilities, terrorist acts and military actions aimed at, or which States have
grounds for suspecting would result in:
(a)
The overthrow of a Government (including regime change by force) or
undermining of the constitutional order, or the legal, economic and financial bases of the
State;
(b)
The coercive change of internationally acknowledged borders of the State;
(c)
The violation of sovereignty, or support of foreign occupation of a part or the
whole territory of State;
(d)
Explicitly targeting civilians or causing disproportionate harm, including but
not restricted to:
(i)
Assaults on the life and security of civilians;
(ii)
The coercive removal or displacement of people from areas of permanent or
habitual residence;
(iii)
Limits to the freedom of movement of civilians; and
(iv) Restriction in access to resources and means of livelihood, including but not
limited to water, food, land, livestock, shelter, and access to sacred sites and places
of worship.
2.
Each State party shall ensure that the activities of PMSCs and their personnel do not
cause or exacerbate inter- or intra-State warfare or conflict;
3.
Each State party shall ensure that PMSCs and their personnel do not provide training
that could facilitate its clients’ direct participation in hostilities, terrorist acts or military
actions, when these actions are aimed at the results defined in article 8.1.
GE.10-15155
25
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