A/HRC/10/14 page 15 60. The Working Group also is considering whether an international court of arbitration for issues relating to private military and security companies should be established. This would consist of a formal dispute resolution mechanism, especially created to hear complaints of wrongdoing by private military and security companies, with investigations led by, for example, a “PMSC oversight mechanism” referred to below. A “PMSC code” could also be established, which would run in conjunction with the court and is the “law” which it considers. In contrast to international conventions which traditionally apply only to States and their agents, private military and security companies and their staff and personnel would be directly bound by obligations under the PMSC code (after signing up to it). The Working Group does not consider that this would be the appropriate venue to try crimes, however, as the only remedies would be of a civil nature. 61. In the context of crimes committed by private military and security companies and their employees, the Working Group is also considering whether an additional international criminal legal convention or a protocol to the Statute of the International Criminal Court could be effective for such companies. This instrument would both articulate that companies and their employees, including directors, may be legal persons capable of committing international crimes, as well as set out appropriate punishments for the company and its employees. This protocol or convention could be overseen by an international commission which would conduct criminal investigations into alleged violations. Vetting, legal and human rights training 62. In its report to the General Assembly, the Working Group noted that in its view, established vetting mechanisms7 which apply to the public institutions of post-conflict States could also be applied to private military and security companies. The concept of a commission created to lead the reform of personnel could be applied to these companies during their hiring process. This could take the form of a three-phase process - registration, screening and certification. 63. The registration phase is a relatively straightforward process, obtaining basic information on an employee and her or his professional record. Screening takes place to determine whether an employee meets certain set criteria specific to the post, and consists of applying employment criteria to data on individual employees. All this information is systematically collected and stored. Certification takes place if the individual meets the employment criteria, but there may still be a probationary period within which full registration is restricted. 64. In its discussions with various stakeholders, the Working Group has noted that one element in any regulation mechanism that is repeatedly stressed is the need for mandatory human rights, legal and laws of war training of employees of private military and security companies. Some companies have started to conduct such trainings, but no institutionalized course is integrated into the employees’ induction process. The Working Group welcomes the fact that some countries have issued regulations requiring such training for private military and security 7 OHCHR, Rule-of-Law Tools for Post-Conflict States, Vetting: an operational framework, 2006.

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