A/HRC/18/32
and the corresponding need for an international legal instrument to regulate private military
and security companies. The Working Group remains of the opinion that an international
regulatory framework should take the form of a new binding international convention on
private military and security companies, including improved registration, licensing and
vetting procedures, strengthened national legislation and accountability, and oversight
mechanisms.
65.
The Working Group is of the view that international law does not sufficiently
regulate the activities of private military and security companies. As non-State actors, these
companies are not directly subject to international human rights obligations. Furthermore,
company employees cannot usually be considered mercenaries according to the definition
set out in article 47 of the first Additional Protocol to the Geneva Conventions of 1949
relating to the protection of victims of international armed conflicts, and article 1 of the
International Convention against the Recruitment, Use, Financing and Training of
Mercenaries. It is therefore necessary to strengthen and clarify the accountability
mechanisms for private military and security companies that violate human rights and to
elaborate more explicitly the obligations of States with regard to them.
66.
Similarly, the Working Group ascertained that national regulation is insufficient to
ensure that all private military and security companies are subject to adequate registration,
monitoring and oversight procedures. The transnational nature of their activities raises
jurisdictional obstacles as well as practical difficulties for the prosecution of human rights
abuses at the national level in that a State’s ability to locate witnesses and collect the
necessary evidence in another State in order to ensure successful prosecution is limited.
Only an international convention could sufficiently counter the problem of impunity for
private military and security companies that violate international human rights law.
67.
In countries with weak judicial systems or without sufficient national legislative
mechanisms for prosecuting private military and security companies, an international
convention would reaffirm the right of victims to an effective remedy, create an obligation
of mutual legal assistance, and provide an alternative international recourse for those who
cannot exercise their rights at the national level.
68.
In addition to analysing the use of private military and security companies by
Governments, the Working Group examined their use by international organizations, such
as the United Nations, which sometimes employs such companies to facilitate operations in
conflict areas. The Working Group has requested information from several United Nations
departments with a view to assessing the extent of the use of private military and security
companies, the types of activities the United Nations outsources to private contractors, and
the strength of United Nations regulatory policies and monitoring of private military and
security companies.8 Drawing on this information and discussions with the Department of
Safety and Security, the Working Group determined that the United Nations currently lacks
a firm system-wide policy governing the hiring of such companies. Furthermore, the
problem of accountability for their conduct becomes more complex in cases where
international organizations rather than States employ private military and security
companies. While the United Nations is in the process of developing its policy regarding
the use of private military and security companies and has sought the guidance of the
Working Group, the Working Group considers that an international convention would be
invaluable in strengthening and clarifying the institutional responsibility of international
organizations, such as the United Nations, for the conduct of private military and security
companies. An international convention would ensure the establishment of formal, systemwide policies for registration and oversight of companies and vetting and human rights
training requirements for employees.
8
A/65/325, paras. 30-37.
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