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. 2

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