A/HRC/10/14
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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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