A/HRC/15/25
(c)
services;
Licensing procedures for the import of military and security personnel and
(d)
Effective customs and other forms of control over export/import and reexport/reimport of firearms used by PMSCs.
5.
Each State party, in accordance with its domestic law, shall take legislative and other
measures required to introduce full or partial prohibition of the delegation or outsourcing of
military or security services.
Article 5
Rule of law
1.
Each State party shall ensure that PMSCs, their personnel and any structures related
to their activities perform their respective functions under officially enacted laws consistent
with international human rights and humanitarian law.
2.
Each State party shall take such legislative, administrative and other measures as
may be necessary to ensure that PMSCs and their personnel are held accountable for
violations of applicable national or international law.
3.
Each State party shall ensure that any contract or agreement between the State party
and a PMSC on provision of military and/or security services entered into by a PMSC and
its employees is in accordance with international law and is consistent with the legislation
of:
(a)
The home State;
(b)
The contracting State;
(c)
The State of operations; and
(d)
contract.
Third States whose nationals are employed to work for a PMSC under this
Article 6
State sovereignty
1.
Each State party shall ensure that PMSCs and their personnel under no
circumstances carry out activities that undermine the sovereignty of another State, its
territorial integrity and/or that contravene the principle of sovereign equality and obligation
of non-intervention in the domestic affairs of other States and the principle of selfdetermination of peoples.
2.
Nothing in this Convention entitles a State party to undertake in the territory of
another State the exercise of jurisdiction and performance of inherently State functions
under international or domestic laws.
Article 7
Respect and protection of international human rights and humanitarian law
1.
Each State party shall take legislative, judicial, administrative and other measures as
may be necessary to ensure that PMSCs and their personnel are held accountable in
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GE.10-15155
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