Purpose

1. The purpose of the present Convention is to reaffirm and strengthen the principle of State responsibility for the use of force and to identify those functions which are, under international law, inherently governmental and cannot be outsourced as well as to promote cooperation between States regarding licensing and regulation of the activities of private military and security companies in order to more effectively address any challenges to the full implementation of Human Rights obligations including the right to self-determination, to ensure monitoring of the activities of private military and security companies and devise mechanisms to monitor abuses and violations of international humanitarian and human rights law.

2. In the implementation of the Convention States Parties shall take all necessary legislative, judicial and administrative measures pursuant to existing or emerging provisions of their domestic laws to ensure that there is no illegal or arbitrary use of force by non-state actors.

Article 2

Definitions

If not specified separately or implied differently, for the purposes of the present Convention:

(a) A Private Military and/or Security Company (PMSC) is a corporate entity which provides on a compensatory basis military and/or security services, including investigation services by physical persons and/or legal entities.

(b) Military services refer to specialized services related to military actions including strategic planning, intelligence, investigation, land, sea or air reconnaissance, flight operations of any type, manned or unmanned, satellite surveillance, military training and logistics, and material and technical support to armed forces, and other related activities.

(c) Security services refer to armed guarding or protection of buildings, installations, property and people, police training, material and technical support to police forces, elaboration and implementation of informational security measures and other related activities;

(d) License (authorization, permit) is a special document authorizing specified activities under the strict observance of licensing terms and obligations, which is issued by a licensing body to a legal entity or a physical person;

(e) Licensing regime refers to measures related to the issuing of a license, redrafting documents, confirming license, suspension of license on grounds of violation of obligations and provisions of the license, cessation or resumption of license, withdrawal of license, control of licensing bodies over the observance of obligations and terms of license by licensees in their activities, introduction of license registries as well as provision in an established way of information from license registries and other licensing information by interested persons.

(f) License registry refers to the data pool related to the issuing of license, redrafting documents, confirming license, suspension or resumption of license, and withdrawal of license; a license registry must operate pursuant to written minimum standards.

(g) Human rights refer, inter alia, to civil, cultural, economic, political and social rights as set out in the International Bill of Human Rights and other international human rights instruments, the rights confirmed under international humanitarian law, international refugee law, international migration law, international labour law and other related instruments adopted within the system of the United Nations.

(h) Export of military and/or security services refers to military and security services which a private military or security company provides outside the territory of the State in which it is registered.

(i) Import of military and/or security services refers to military and/or security services which a private military or security company registered in a foreign state provides,

(j) An “Armed Conflict” is any use of force by armed groups, whether internal or international, as defined in the Geneva Conventions of 1949 and the two Additional Protocols of 1977,

(k) “Fundamental State functions” are functions that a State cannot outsource or delegate to non-State actors. Among such functions, consistent with the principle of State monopoly on the use of force, are waging war and/or combat operations, taking prisoners, law-making, espionage, intelligence and police powers, especially the powers of arrest or detention, including the interrogation of detainees.

(l) “Unlawful activities” encompass military or security services by non-State actors that fall within the exclusive domain of fundamental functions of the State as well as activities lawfully delegated to non-State actors where those activities are carried out in violation of International Human Rights and Humanitarian Law standards.

(m) “Use of force” in this Convention refers to both the use of lethal as well as non-lethal weapons or techniques which may have lethal consequences,

(n) “Contracting States” are States that directly contract for the services of private military and security companies, including, as appropriate, where such a company subcontracts with another private military and security company, or where a private military and security company operates through its subsidiary companies.

(o) “Territorial States” are States on whose territory private military and security companies operate.

(p) “Home States” are States of nationality of a private military and security companies, i.e. where a private military and security company is registered or incorporated; if the State where the private military and security company is incorporated is not the one where it has its principal place of management, then the State where the company has its principal place of management or Headquarters is the “Home State”.[2]

(q) “Committee” shall mean the Committee on the Regulation, oversight and Monitoring of Private Military and Security Companies, established pursuant to article 32 of this Convention,

(r) “Complaint” shall mean any complaint submitted by a Party to this Convention to the Committee pursuant to article 37 of this Convention,

(s) “Petition” shall mean a communication submitted by or on behalf of an individual or group to the “Committee” pursuant to article 40 of this Convention,

Article 3

Scope of Application

1. The present Convention has application with respect to States, inter-governmental organizations and non-State actors, including private military and security companies and their personnel.

2. The present Convention has no application with respect to those persons or entities covered by the International Convention against the Recruitment, Use, Financing and Training of Mercenaries or by the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.

PART II. General Principles

Article 4

Date: 2015-02-03; view: 831