A/HRC/18/32
The Working Group subsequently identifies the key challenges for the
mandate. It discusses new forms of mercenary activities that have emerged in recent
years and demonstrate that mercenarism continues to pose a threat to human rights
and the right of peoples to self-determination. It then discusses the need for an
international regulatory framework for private military and security companies. In
particular, it analyses the relationship between the draft convention elaborated by the
Working Group, 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, which clarifies the responsibilities of States with
regard to private military and security companies and lists good practices, and the
International Code of Conduct for Private Security Service Providers for those
companies. Furthermore, the Working Group discusses the need for the adoption of
national legislation regulating private military and security companies and the
difficulties encountered to date in ensuring accountability for human rights violations
and violations of national laws by private military and security companies.
Lastly, the Working Group makes a number of recommendations for Member
States in order to address the challenges identified in its report. The Working Group
recommends, inter alia, that Member States adopt legislation to regulate private
military and security companies, take measures to ensure their accountability for
human rights violations, and provide victims of human rights violations with an
effective remedy. The Working Group also recommends that Member States consider
the possibility of elaborating a binding international instrument for the regulation of
private military and security companies and participate in international efforts, such
as the intergovernmental working group established by the Human Rights Council.
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