A/HRC/15/25 • 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 self-determination • 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 50. The terms used in the draft convention are defined in article 2. In particular, it proposes as a definition of a PMSC “a corporate entity which provides on a compensatory basis military and/or security services by physical persons and/or legal entities”. Military services refers to specialized services related to military action, including strategic planning, intelligence, investigation, land, sea or air reconnaissance, flight operations of any type, manned or unmanned, satellite surveillance, any kind of knowledge transfer with military applications, material and technical support to armed forces and other related activities while security services refers to armed guarding or protection of buildings, installations, property and people, any kind of knowledge transfer with security and policing applications, development and implementation of informational security measures and other related activities. 51. The Working Group describes inherently State functions as functions that cannot be outsourced to PMSCs in any circumstances. Among such functions, consistent with the principle of State monopoly on the legitimate use of force, are the direct participation in hostilities, waging war and/or combat operations, taking prisoners, law-making, espionage, intelligence, knowledge transfer with military, security and policing application, use of, and other activities related to, weapons of mass destruction and police powers, especially the powers of arrest or detention including the interrogation of detainees. 52. The general principles governing the treaty are set out in Part II of the draft convention. The eight principles are: that the State party bears responsibility for the military and security activities of PMSCs registered or operating in their jurisdiction, respect for the rule of law by PMSCs, respect of State sovereignty by PMSCs, the State party’s obligation to prohibit PMSCs from directly participating in hostilities, terrorist acts and military actions in violation of international law, the prohibition on outsourcing inherently State functions to PMSCs, including the use of certain weapons of a nature to cause superfluous injury or unnecessary suffering and the prohibition on PMSCs and their personnel with regard to illegally acquiring, possessing or trafficking in arms and ammunitions. 53. Part III concerns the national regime of regulation and oversight, the obligation to license the services of PMSCs, the establishment of a national registry, the obligations of training and vetting the PMSC personnel and respecting fundamental labour standards and the regulation of the use of force and firearms by PMSCs. 54. The issue of States parties’ responsibility to impose criminal, civil and/or administrative sanctions on offenders and provide remedies to victims are addressed in Part IV. The draft convention outlines States parties’ obligations to ensure that the acts of carrying out inherently State functions, the unlawful use of force and firearms, and the unlawful use of certain weapons and illicit trafficking in arms by PMSCs and their personnel, are offences under the national legislation of States parties. In addition, all activities of PMSCs occurring without the required licence and authorization are also considered offences. States parties are required to ensure that individual criminal responsibility is established, that PMSCs and their personnel are held accountable and that effective remedies are provided to victims. 12 GE.10-15155