State sovereignty

1. States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of the sovereign equality and territorial integrity of States and the obligation of non-intervention in the domestic affairs of other States.

2. Nothing in this Convention entitles a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State under international as well as domestic laws.

Article 7

Respect and observance of human rights

1. Each State Party shall take legislative, judicial, administrative and other measures as may be necessary to ensure that private military and security companies established and functioning in its territory as well as the personnel of these private military and security companies are held accountable for complying with the guarantees of implementation of the international principles enunciated in this Convention and to ensure, respect for and protection of human rights.

2. In providing military and/or security services, private military and security companies, as well as their personnel, are obliged to take cognizance of and to observe the norms of international humanitarian law and human rights law as well as relevant domestic law.

Article 8

Prohibition of certain activities

States parties shall define and limit the scope of activities of private military and/or security companies and specifically prohibit functions which are intrinsically governmental, including waging war and /or combat operations, taking prisoners, espionage, intelligence and police powers, especially the powers of arrest or detention, including the interrogation of detainees.

Article 9

Prohibition of mercenary activities

Each State Party which has not yet done so shall consider ratifying the International Convention against the Recruitment, Use, Financing and Training of Mercenaries.

Article 10

Illegality of the use of force

Each State Party shall take such legislative, administrative and other measures as may be necessary to prohibit private military and security companies and their personnel from directly participating in armed conflicts, military actions or terrorist acts, whether international or non-international in character, in the territory of any State, in particular when aimed at:

(a) The overthrow of a government (including regime change by force) or undermining the constitutional order, or legal, economic and financial bases of the State;

(b)The coercive change of internationally acknowledged borders of the State;

(c) The violation of sovereignty, or support of foreign occupation of a part or the whole territory of State;

(d) Assaults on the life, or security of civilian persons,

(e) Acts of terrorism,

(f) The establishment of control over the natural resources of the State, including water, petroleum, uranium, and associated industries or facilities;

(g) The coercive removal or displacement of people from areas of permanent or habitual residence.

Article 11

Prohibition on excessive use of firearms

1. Each State Party shall take legislative, judicial, administrative and other measures as may be necessary to prevent military and security companies and their personnel from employing weapons of mass destruction, including chemical or bacteriological (biological) weapons or other weapons likely to adversely affect the environment, including depleted uranium.

2. Each State Party shall take such legislative, judicial, administrative and other measures as may be necessary to ensure that private military and security companies and their personnel never under any circumstances:

a. use or threaten to use nuclear weapons, chemical weapons, bacteriological (biological) and toxin weapons;

b. engage in any military or other preparations to use nuclear weapons, chemical weapons, bacteriological (biological) and toxin weapons;

c. develop, test, produce, otherwise acquire, deploy, stockpile, maintain, retain, or transfer nuclear weapons, chemical weapons, bacteriological (biological) and toxin weapons;

d. develop, test, produce, otherwise acquire, deploy, stockpile, maintain, retain, or transfer nuclear weapons, chemical weapons, bacteriological (biological) and toxin weapons delivery vehicles;

f. develop, test, produce, otherwise acquire, stockpile, maintain, retain, or transfer nuclear weapon, chemical weapons, bacteriological (biological) and toxin weapons components or equipment;

g. participate in and fund research on nuclear weapons, chemical weapons, bacteriological (biological) and toxin weapons;

h. assist, encourage, induce or permit, in any way, directly or indirectly, anyone to engage in any activity, prohibited under this Article.

3. Each State Party shall take legislative, judicial, administrative and other measures as may be necessary to prohibit private military and security companies and their personnel from using firearms, ammunition and equipment as well as methods of conducting fighting and special operations of such character as will cause excessive damage or unnecessary suffering or which are non-selective in their application, or otherwise violate international humanitarian law. In this context each State Party shall take due account of the United Nations Code of Conduct for Law Enforcement Officers of 17 December 1979 and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials of 7 September 1990.[3]

Article 12

Prohibition on Illicit Trafficking in Firearms, Their Parts and Components and Ammunition

1. Each State Party shall establish and maintain an effective system of licensing or other authorization, which prohibits private military and security companies and their personnel from trafficking in firearms, their parts, components or ammunition.

2. Each State Party shall take such measures as may be necessary to ensure that its licensing or authorization procedures are robust and secure and that the authenticity of licensing or authorization documents can be independently verified or validated.

3. In order to effectively detect, prevent and eliminate the theft, loss or diversion of, as well as the illicit manufacturing of and trafficking in, firearms, their parts and components and ammunition by private military and security companies and their personnel, each State Party shall take appropriate measures:

a) To require the security of firearms, their parts and components and ammunition at the time of manufacture, and during import, export and transit through its territory; and

b) To increase the effectiveness of import, export and transit controls, including, where appropriate, border controls, and of police and customs trans-border duties and cooperation with neighbouring States; and

c) To regulate the activities of private military and security companies inside the premises these companies have been contracted to protect and restrict them to operate with the limits of the premises in which companies have been contracted to provide security.

Article 13

Date: 2015-02-03; view: 791