A/HRC/21/43
CACI International, Inc. and Al-Quiraishi v. L-3 Services, Inc., in which it was argued that
contractors accused of international human rights violations, in this case torture, should not
be granted a “combatant activities” exemption from civil liability in United States courts.
On 11 May 2012, the full appeals court dismissed the appeal by the defendants and referred
the case back to the district courts for further fact-finding.
13.
The Chairperson-Rapporteur of the Working Group participated in the annual joint
seminar of the United Nations Office at Geneva and the Geneva Centre for the Democratic
Control of Armed Forces convened on 7 December 2011 on the subject of the privatization
of security. She delivered a statement on the challenges of regulating private military and
security companies, gaps in regulation at the international and national levels and the need
for a binding international instrument to ensure accountability for private military and
security companies involved in human rights violations and to provide effective remedies to
victims. From 30 May to 1 June 2012, she participated in a conference convened at the Sié
Chéou-Kang Center for International Security and Diplomacy at the University of Denver,
United States, where she discussed current regulatory efforts and continuing challenges
relating to the activities of private military and security companies.
14.
Ms. Arias participated in a regional workshop for North-East and Central Asia on
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, held on 12 and 13 October 2011 in Ulaanbaatar. The workshop was organized by
the Governments of Mongolia and Switzerland, the International Committee of the Red
Cross and the Geneva Centre for the Democratic Control of Armed Forces. She gave a
presentation on activities of private military and security companies in the scenario of the
use of force, their impact on human rights, risks and challenges.
15.
During the thirty-first International Conference of the Red Cross and Red Crescent,
held in Geneva from 28 November to 1 December 2011, Ms. Karska participated in a side
event entitled “Protecting civilians in armed conflict: beyond the Montreux Document –
international developments in private military and security company regulation”, which was
organized by the Federal Department for Foreign Affairs of the Government of
Switzerland, the Geneva Centre for the Democratic Control of Armed Forces and the
International Committee of the Red Cross. She gave a presentation on gaps in international
human rights and humanitarian law in relation to accountability for violations of
international law involving private military and security companies.
16.
On 28 March 2012, Mr. Rona participated as a resource person in the second session
of the Committee on Enforced Disappearances, during which the Committee held
consultations on the definition of non-State actors and their involvement in enforced
disappearances, including issues of responsibility and accountability.
III. Engagement of the Working Group in processes to elaborate
standards for the regulation of private military and security
companies at the international level
17.
The Working Group welcomes the continued efforts by the Human Rights Council
and Member States to elaborate an international regulatory framework for private military
and security companies and to establish voluntary standards for the industry. It appreciates
the opportunity to inform these continuing processes.
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