Responsibility of State control

1. Each State Party shall:

(a) Establish a comprehensive domestic regime of regulation and oversight over the activities in its territory of private military and security companies and their personnel including all foreign personnel, in order to prohibit and investigate illegal activities as defined by this Convention;

(b) In order to ensure that administrative, regulative, law enforcement and other bodies, implementing the regime of regulation and oversight over the activities of private military and security companies and their personnel, are able to cooperate and exchange information at national and international levels, there should be established, at the domestic level, a body which shall act as a national center for collection, analysis and exchange of information concerning possible violations of national and international law so as to provide operative information about the activities of private military and security companies.

2. States Parties shall apply practical measures for exposing information on companies providing military and security services outside their territories and for establishing control over the provision of such services, as consistent with the safeguards aimed at ensuring the proper use of information without impeding their legal implementation in any way. Such measures may include the provision of information or reports on the use of trans-border military and security services by persons as well as legal entities, for example companies.

3. In the establishment of a domestic regime of regulation and oversight according to the provisions of this Article and in compliance with other Articles of this Convention, all States Parties agree to be guided by the respective initiatives of regional, interregional and multilateral organizations against private-sector use of force.

4. States Parties shall endeavour to develop and encourage global, regional, sub-regional and bilateral cooperation among judicial bodies and law enforcement agencies as well as financial regulation bodies in order to monitor and control any private-sector use of force.

5. States Parties shall investigate reports of violations of international humanitarian law and human rights norms by private military companies and private security companies and ensure the prosecution and punishment of offenders.

6. States Parties shall take appropriate action against companies that commit human rights violations or criminal incidents, inter alia by revoking their licenses and reporting to the Committee on the history of activities of these companies.

Date: 2015-02-03; view: 871