A/HRC/15/25
(PMSCs), and that mechanisms must be devised to ensure the accountability of States,
intergovernmental organizations and PMSCs,
PP 12: Aware of the United Nations Global Compact initiative for businesses that are
committed to aligning their operations and strategies with 10 universally accepted
principles in the areas of human rights, labour, environment and anti-corruption, and the
2008 Annual Report to the Human Rights Council of the United Nations Special
Representative of the Secretary-General on the issue of human rights and transnational
corporations and other business enterprises, which sets forth a three-part “protect, respect
and remedy” framework,
PP 13: Determined to take all necessary measures to combat impunity by establishing
jurisdiction and devising mechanisms to investigate reports of criminal activities and
apprehend those individuals and entities involved in criminal activities, including senior
officials of PMSCs, with a view to their prosecution and punishment,
PP 14: Emphasizing the responsibility to protect all persons affected by the activities of
PMSCs, whether civilians or military personnel, including the employees of these
companies, from abuses of their human rights by the actions or omissions of non-State
actors including PMSCs,
PP 15: Considering that the victims of violations of international humanitarian and human
rights committed by the personnel of PMSCs, including but not limited to extrajudicial,
summary or arbitrary executions, disappearances, torture, arbitrary detention, forced
displacement, trafficking in persons, confiscation or destruction of private property, right to
privacy, have the right to a comprehensive and effective remedy in accordance with
international law, including the United Nations Basic Principles and Guidelines on the
Right to a Remedy and Reparation for Gross Violations of International Human Rights Law
and Serious Violations of International Humanitarian Law,
PP 16: Recalling the United Nations Code of Conduct for Law Enforcement Officials of 17
December 1979 and the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials adopted by the Eighth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders in Havana in 1990,
PP 17: Recalling the United Nations Non-binding Guidelines on the Use of Military or
Armed Escorts for Humanitarian Convoys of 14 September 2001,
PP 18: Noting the recruitment of former military and police officers by PMSCs to work in a
range of activities in places of armed conflict, and further to provide a range of other
services in conflict zones and in business activities such as extractive industries,
PP 19: Taking note of the Montreux Document on pertinent international legal obligations
and good practices for States related to operations of private military and security
companies during armed conflict of 17 September 2008,
PP 20: Taking into account the adoption of codes of conduct, but considering that selfregulation of private military and security companies is not sufficient to ensure the
observance of international humanitarian law and human rights law by the personnel of
these companies,
PP 21: Recognizing that important gaps remain in the national and international legal
regimes applicable to PMSCs,
PP 22: Expressing concern at the increasing and alarming violations of international human
rights law and international humanitarian law committed by PMSCs and their personnel,
and Aware of the pressing need to establish effective measures to ensure that the activities
of PMSCs are carried out in accordance with international law,
20
GE.10-15155
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