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