A/HRC/15/25
Article 18
Regulation of use of force and firearms
1.
Each State party shall take such legislative, judicial, administrative and other
measures as may be necessary to establish rules on the use of force and firearms by the
personnel of PMSCs, taking into account that employees may carry firearms in providing
military and security services, including such principles described in this Convention and
any other relevant principles of international law.
2.
States parties shall ensure that in providing military and security services, employees
of PMSCs shall, as far as possible, apply non-violent means before resorting to the use of
force and firearms.
3.
Whenever the use of force and firearms is unavoidable, PMSCs personnel shall:
(a)
offence;
(b)
Exercise restraint in such use and act in proportion to the seriousness of the
Minimize damage and injury, and respect and preserve human life;
(c)
Ensure that assistance and medical aid are rendered to any injured or affected
persons at the earliest possible moment;
(d)
Ensure that relatives or close friends of the injured or affected person are
notified at the earliest possible moment.
4.
In providing military and security services, employees may use force or firearms
only in the following circumstances:
(a)
To defend him/herself or other employees of the company against what
he/she believes to be an imminent unlawful threat of death or serious body injury, in respect
of the exercise of the essential right of self-defence;
(b)
To defend persons whom he/she is under a contract to protect against what
he/she believes to be an imminent unlawful threat of death or serious bodily injury;
(c)
To resist what he/she reasonably believes to be an attempt to unlawfully
abduct him/her, other employees of the company or a person whom he/she is under contract
to protect;
(d)
To prevent or put a stop to the commission of a serious crime that would
involve or involves a grave threat to life or of serious bodily injury.
5.
In the circumstances defined under article 18 (4), the personnel of PMSCs shall
identify themselves as such and give a clear warning of their intent to use firearms, if the
situation permits.
6.
In the case of PMSCs and their personnel providing military and security services
under the agreement as a part of armed forces or military units of the State party, the use of
force is regulated by the norms of its military and other respective legislation and relevant
international humanitarian law and international human rights law.
7.
Each State party shall ensure that all incidents involving the use of force and
firearms by PMSCs are promptly reported to the competent State bodies and ensure
appropriate investigation of the incident by competent authorities.
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GE.10-15155
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