A/HRC/45/9/Add.1
IV. Private military and security companies
17.
During its visit, the Working Group considered three main aspects of the private
military and security landscape in Switzerland: firstly, the leading role of Switzerland in
developing the current international regulatory framework relating to private military and
security companies; secondly, the development of its own legislation governing private
security services abroad; and thirdly, private security companies operating domestically.
Developments in these first two areas were prompted by widespread condemnation of
serious human rights abuses committed by private military and security companies in Iraq
and Afghanistan and pressure to raise standards for such companies. The Working Group
particularly looked at the efforts by Switzerland to monitor and implement the related
regulatory frameworks. Also of interest was the use of private security by private sector
clients, especially in light of the importance of Switzerland in the international trade in gold
and other commodities.
18.
When considering these issues, the Working Group used the following definition of
private military and security companies: a corporate entity that provides, on a compensatory
basis, military and/or security services by physical persons and/or legal entities. 10
A.
International initiatives related to private military and security
companies
19.
Since 2006, Switzerland has shown commendable leadership in advancing the two
main international regulatory initiatives on private military and security companies, namely
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 and the International Code of Conduct for Private Security Service Providers.
1.
Montreux Document
20.
Between 2006 and 2008, the Government of Switzerland and the International
Committee of the Red Cross organized four intergovernmental meetings that culminated in
the adoption of the Montreux Document. Since then, the number of participating States in
the Montreux Document has grown from 17 to 56, and includes Switzerland and three
international organizations.11
21.
Developed in response to assertions that private military and security companies
operate in an international legal vacuum while being increasingly active across national
borders, the Montreux Document reaffirms the existing obligations of States, under
international law, in particular international humanitarian law and international human
rights law, relating to the activities of private military and security companies operating in
contexts of armed conflict. Participating States support the Montreux Document on a
voluntary basis as a show of commitment to the relevant international legal obligations
referenced therein. The Montreux Document also sets out good practices for States relating
to operations of such companies during armed conflict, which have increasingly been seen
as relevant for non-conflict settings.
22.
In 2014, the Montreux Document Forum was launched. Chaired by Switzerland and
the International Committee of the Red Cross, it provides a venue for informal consultation
among Montreux Document participants, seeks to bring more States and international
organizations on board, and strengthens dialogue on lessons learned, good practices, and
challenges around regulation of this sector. A Working Group on the International Code of
Conduct Association (see para. 24 below) and another on the use of private military and
security companies in maritime security have been established within the Forum.
10
11
For the full definition, see A/HRC/15/25, annex, art. 2.
See www.mdforum.ch/en.
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