A/HRC/30/34 Rules on the acquisition of weapons 30. In France, Hungary and Switzerland there are no rules on the illegal acquisition of weapons. In the United Kingdom, the Export Control Act of 2002 envisages controls for trade in military, paramilitary and certain other goods between countries outside the United Kingdom (controls apply to United Kingdom nationals anywhere in the world and to activities carried out wholly or partially in the United Kingdom),20 which could also be applied to private military and security company personnel, although the law does not explicitly aim to regulate the private military industry. 31. The absence of specific provisions on the illegal acquisition of weapons and on trafficking in arms by personnel is a clear gap in regulation. 32. In France, employees of public security companies that carry out surveillance activities or guard property or goods can be armed as long as they adhere to the conditions laid down in a Council of State decree. Similarly, in Hungary security guards can carry firearms, but these can be used only for self-defence and in an exigency.21 Use of force and firearms 33. In Switzerland, personnel of public security companies cannot be armed abroad,22 but if the situation exceptionally requires that personnel bear arms in cases of legitimate self-defence or necessity, the contracting authority must stipulate it in the contract. In contrast, in the United Kingdom there are no legislative provisions on the use of force and firearms by private military and security company employees. Accountability for violations and remedies for victims 34. None of the legislation reviewed contained provisions on reporting obligations for violations of the law committed by public security company personnel or on effective remedies for victims of human rights violations committed by such personnel. 35. Furthermore, laws regulate the monitoring of private military and security companies differently. In France, a permanent control of such companies is exercised by police officers and gendarmes.23 In Switzerland, it is the authorizing competent authority that controls the activities of such companies abroad.24 Swiss law stipulates specific sanctions, including fines and imprisonment, for violations such as direct participation in hostilities and serious human rights violations. The law requires civil liability insurance for risks related to the activities of the company. These may be deemed good practices. 36. In Hungary, companies carrying out private security services are controlled by the police, who monitor the lawfulness of the companies’ activities.25 In the United Kingdom, there are no legal provisions at the national level to address reporting requirements for alleged offences and violations, but it is understood that the liability that international humanitarian law applies to soldiers committing war crimes would also apply to employees of private military companies who become involved in armed conflict. 37. The monitoring mechanisms vary in form and content and, with the exception of Switzerland, the laws contain no provisions on a company’s or its personnel’s compliance 20 21 22 23 24 25 8 Export Control Act of 2002, provisions 1-4. Act No. CXXXIII of 2005, art. 27 (4). Federal Act on Private Security Services Provided Abroad of 2013, art. 34 (1). Law No. 83-629, arts. 13 and 30. Federal Act on Private Security Services Provided Abroad of 2013, art. 37. Act No. CXXXIII of 2005, art. 8 (5).