A/HRC/18/32 69. The Working Group is aware of a joint initiative of the Government of Switzerland and the International Committee of the Red Cross. The result of this initiative, 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, was finalized in September 2008 and has been endorsed by 36 States.9 The Montreux Document underlines the existing international legal framework that applies to private military and security companies in armed conflict. It also lists good practices, including transparent registration and licensing procedures and mechanisms to improve accountability and oversight. It also makes clear, however, that these good practices are in no way binding obligations. 70. The Working Group has welcomed this effort to clarify States’ commitments to international law and good practices, and considers the Montreux Document useful in recalling existing obligations of States under international human rights and international humanitarian law. In particular, the Working Group agrees with the principle, highlighted in the document, that although Governments may choose to outsource certain functions to private military and security companies, States retain their obligations under international human rights and humanitarian law. the Working Group believes, however, that the Montreux Document fails to address the regulatory gap in the responsibility of States vis-àvis the conduct of such companies and their employees as it presents no assurance of enforceability of its good practices or the accountability of the endorsing States for the companies’ conduct.10 71. Building on the foundations of the Montreux Document, which clarified the responsibilities of States in relation to the use of private military and security companies in armed conflict, the private military and security industry, with the support of the Government of Switzerland, developed the International Code of Conduct for Private Security Service Providers in November 2010.11 The Code establishes a common set of principles for private military and security companies that commits signatory companies to provide security services in accordance with the rule of law, respect for human rights and the interests of their clients. 72. The Working Group has supported fully these efforts to clarify good practices and improve and formalize industry self-regulation as a means of protecting human rights. The Working Group recognizes the valuable contributions of the Montreux Document and the International Code of Conduct to the efforts to develop an international regulatory framework for private military and security companies. However, the Working Group disputes assertions by some States and companies that these efforts, and the existing national and international legislative frameworks cited therein, are sufficient to ensure the accountability of these companies for human rights violations. Rather, the Working Group believes that these voluntary, non-binding instruments cannot provide the full extent of regulation and oversight necessary to comprehensively protect human rights in the context of private military and security activities. Nonetheless, it envisions that these initiatives will effectively complement a binding international legal instrument, such as the proposed draft convention discussed at the first session of the intergovernmental working group in May 2011. 9 16 A/63/467 – S/2008/636. 10 See A/HRC/10/14, paras. 42-48. 11 Available from www.icoc-psp.org.