A/HRC/17/39
the right to freedom of thought, conscience, religion or belief, continued to bring, directly
or indirectly, wars and great suffering to humankind.
Proposed standards
1.
Individuals have the right to conscientious objection and to be protected in
the effective exercise of this right.
2.
States have the obligation to prevent members of any military or other
security institution from taking part in wars of aggression or other armed operations,
whether international or internal, which violate the principles and norms of international
human rights law or international humanitarian law. Members of any military or other
security institutions have the right to disobey orders that are manifestly contrary to the
above-mentioned principles and norms. The duty to obey military superior orders does not
exempt from the observance of these obligations, and disobedience of such orders shall in
no case constitute a military offence.42
3.
Individuals have the right to expect that States pay special attention to help
solve conflicts related to religious and ethnic issues in cooperation with civil society.
G.
Private military and security companies
45.
The Working Group on the use of mercenaries as a means of violating human rights
and impeding the exercise of the right of peoples to self-determination recommended in
July 2010 that its draft proposal for a possible new international legal instrument regulating
private military and security companies be carefully considered. The draft of a possible
convention on private military and security companies defines in article 3 as its scope of
application States and intergovernmental organizations within the limits of their
competence with respect to private military and security companies, their activities and
personnel. It would apply to “all situations whether or not the situation is defined as an
armed conflict”.
46.
Pursuant to its resolution 15/26, the Human Rights Council has set up an open-ended
intergovernmental working group to consider the possibility of elaborating an international
regulatory framework on the regulation, monitoring and oversight of the activities of
private military and security companies.
Proposed standards
1.
States shall refrain from outsourcing inherently State military and security
functions to private contractors. States shall establish an international regime with clear
rules regarding the functions, oversight and monitoring of existing private military and
security agencies.
2.
States shall ensure that private military and security companies, their
personnel and any structures related to their activities perform their respective functions
under officially enacted laws consistent with international human rights and humanitarian
law. They shall take such legislative, administrative and other measures as may be
necessary to ensure that such companies and their personnel are held accountable for
violations of applicable national or international law. Any responsibility attributable to a
42
12
See Santiago Declaration, art. 5, para. 4.
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