A/HRC/15/25
provided an effective framework for understanding States’ obligations to regulate PMSCs
and hold them accountable. They referred to other existing initiatives, in particular the
Montreux Document,11 which recalls existing obligations of States, PMSCs and their
personnel under international law whenever PMSCs are present during armed conflict.
74.
The industry conveyed to the Working Group that it is seeking to obtain greater
clarity vis-à-vis its legal standing and greater validity in its public perception. The industry
underlined the importance of having a treaty that enjoys the support of the key players
involved in the debate in order to make a positive impact on the enjoyment of human rights
by individuals.
3.
Scope of the Convention
75.
Some of the comments received revolved around the direct applicability of some
obligations outlined in the draft convention to PMSCs, i.e. non-State actors. The Working
Group considered that the key responsibility should lie with the States parties to the
convention and the intergovernmental organizations that would adhere to the instrument.
The Working Group clarified this point in its most recent text.
76.
A significant number of experts stressed that the scope of the draft convention
should seek to be as broad as possible and cover all situations, not only armed conflict,
recognizing the ever-evolving range of activities carried out by PMSCs in increasingly
diverse situations around the world. This comment was addressed in the draft text.
4.
Domestic implementation
77.
Some comments emphasized that the mandatory licensing regime established in the
draft convention has the advantage that by requiring the consent of both the exporting and
importing State, it ensures that all States involved will have effectively given their formal
consent to the operations taking place. It would also make it easier to determine which
PMSC is operating where and when.
78.
Others regretted that the draft text did not specify criteria for awarding licences and
that the decision to award licences would remain with States parties. They said that this
could lead to situations where licences would be granted to companies that do not abide by
international standards.
79.
Some pointed out that the convention could go further by proposing that a licensing
system be established at the international level, administered by an intergovernmental body.
This, they said, would provide a central, directly accessible register, thereby avoiding the
need to rely on individual State registries.
80.
The idea of the creation of a special fund to compensate victims of crimes
committed by PMSC personnel was welcomed by many. Some however emphasized that
the draft text could go further with respect to the functioning and methods of work of the
fund, such as by defining the notion of “victim”, the amounts for compensation and for
States’ contributions, and the existing correlation between the obligations of PMSCs and
States to compensate victims.
81.
Some States made the point that the proposed legislative regulation, licensing
regime, contracting and training requirements, oversight and monitoring outlined in the
draft convention might place a high implementation cost on States, which might be a
disincentive to ratification. Further, some raised concerns as to usefulness of requiring
11
16
A/63/467 – S/2008/636 of 6 October 2008.
GE.10-15155
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