A/HRC/36/47
and Hungary,48 prohibit former police or military personnel, those in the national security
services performing official duties, and individuals who are not such staff but contribute to
related official duties, from participating in private military and security companies’
activities.
17.
On the use of force and firearms, the reviewed States typically follow two
approaches. Some choose to allow private security company personnel to carry and use
firearms under certain conditions, 49 and others opt for prohibiting the use of firearms and
provide a list of exception clauses with guarantees. 50 The United States generally prohibits
personnel of private military and security companies from using force, but lists exceptions
and conditions under which the use of force is allowed. Furthermore, “contractor personnel
are only authorized to use deadly force in self-defence”51 and “when such force reasonably
appears necessary to execute their security mission to protect assets/persons”.52 Other good
examples are from Kyrgyzstan and the Republic of Moldova, where the laws specify
circumstances under which the use of firearms or special devices is justified: firearms may
be used in defence against an impending attack that threatens human life or health, against a
group attack or armed assault against protected property, to restrain individuals showing
armed resistance, or to fire a warning shot in the air. The law of the Republic of Moldova
includes further provisions: the security personnel or detective must issue a prior warning
regarding his or her intention to use force.
18.
Regarding training on the rules of engagement and the use of force, some States,
including China, the Philippines and Uganda, govern the circumstances under which private
security service providers may use firearms. The Democratic Republic of the Congo and
Azerbaijan provide rules on the use of high-calibre weapons or special devices that usually
involve lethal force. Personnel of private security companies are prohibited from patrolling
and carrying arms that are normally reserved for the military and the police, in the
Democratic Republic of the Congo. The United States law specifies that contractor
personnel can only be armed for individual self-defence based on national and international
law53 and if “weapons familiarization, qualification, and briefings regarding the rules for
the use of force have been provided”.54
III. Gaps in national legislation
19.
Notwithstanding the good practices mentioned, the global study showed that
regulatory gaps were prominent.
A.
Scope of application
20.
The global study shows that with the exception of the United Kingdom of Great
Britain and Northern Ireland (which adopts a self-regulatory approach within the
framework of the British Association of Private Security Companies), and Kenya and
48
49
50
51
52
53
54
Act CXXXIII of 2005, art. 2.
As the Working Group saw from the global analysis, most of the States reviewed from the Asian and
Latin American regions followed this path.
For example, Burkina Faso, Côte d’Ivoire, the Democratic Republic of the Congo, the Gambia,
Hungary, Kyrgyzstan, Morocco, Nigeria, the Republic of Moldova, Switzerland and the United States
of America.
48 Code of Federal Regulations, chap. 2 (10-1-11 edition), (b) General, (3) (i); and Federal
Acquisition Regulation, 52.225-19, Contractor Personnel in a Designated Operational Area or
Supporting a Diplomatic or Consular Mission Outside the United States, General, (ii) (B) (3) (i).
48 Code of Federal Regulations, chap. 2 (10-1-11 edition), (b) General, (3) (ii); and Federal
Acquisition Regulation, 52.225-19, Contractor Personnel in a Designated Operational Area or
Supporting a Diplomatic or Consular Mission Outside the United States, General, (ii) (B) (3) (ii).
Department of Defense instruction No. 3020.41, 20 December 2011, part 4 (e) 2 (a).
Ibid., part 4 (e) 2 (b).
7
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