Regional Consultation for the Eastern European Group and

Regional Consultation for the Eastern European Group and Central Asia region «Activities of Private Military and Security Companies: Regulation and Oversight» 16 -18 October, 2008 Moscow

Proposal of a draft International Convention on Private Military and Security Companies Alexander G. VOLEVODZ, doctor in law Moscow State Institute of International Relations (University) of the MIA of the RF

General Assembly of UN Requests all States to exercise the utmost vigilance against any kind of recruitment, training, hiring or financing of mercenaries, including nationals, by private companies offering international military consultancy and security services, as well as to impose a specific ban on such companies intervening in armed conflicts or actions to destabilize constitutional regimes 3

MODERN TENDENCION OF PMSCs ACTIVITY Ø Transnational activity Ø PMSCs transcend the power of Governments and are eroding the traditional concept of sovereignty and the monopoly of the use of force Ø When involved in crimes or human rights violations, personnel PMSCs have often not been sanctioned or brought before a court of justice 4

LACK OF LEGAL REGULATION COMBATANTS ? ? ? Personnel PMSCs BUSINESSMEN ? ? ? MERCENARIES ? ? ? 5

CHOICE OF LEGAL INSTRUMENTS INTERNATIONAL LAW ? ? ? PMSCs ? ? ? NATIONAL LAW ? ? ? SELF REGULATORY ? ? ? 6

Purpose of International Convention on Private Military and Security Companies The purpose of the Convention is the promotion of cooperation between the States so that they can more effectively solve different problems related to the activities of private military companies and private security companies (PMSCs) which are of international character 7

Draft International Convention on Private Military and Security Companies Ø Preambles Ø PART I. General Provisions (Art. 1 – 4) Ø PART II. Principles (Art. 5 – 12) Ø PART III. Legislative regulation and oversight (Art. 13 – 20) Ø PART IV. Responsibility (Art. 21 – 28) Ø PART V. Final provisions (Art. 29 – 33) 8

Definition (Art. 2) Military services Private military company Security services Private security company Export of military and/or security services Import of military and/or security services License Licensing License registry 9

The State monopoly on the use of force (Art. 3, 4) Ø States with “exclusive (absolute)” use of force monopoly Ø States allowing certain exceptions to “exclusive” use of force monopoly inside the state Ø States with “limited” use of force monopoly 10

Principles legal regulation Ø Lawfulness (rule of law) (Art. 5) Ø Protection of sovereignty (Art. 6) Ø Respect and observance of human rights (Art. 7) Ø Prohibition of mercenary activities (Art. 8) Ø Impermissibility of the use of force (Art. 9) 11

Purpose of legal regulation Agreements shall be consistent with the legislation of of PMSCs states in which territory such entities are established and registered shall be consistent with the legislation of states, in which territory such entities carry out their activities and provide services shall be consistent with the legislation of states, which nationals are employed to work for such entities 12

Obligatoriness of special legislative regulation (Art. 13) All States Parties shall take such measures within their domestic legislative systems as may be necessary to legally acknowledge the provision of military services, security services, export/import of military and security services as special activities which do not fall only under the scope of common law and which demand special (separate) legal regulation 13

Special legal regulation (Art. 14) Special and obligatory procedure of governmental registration of establishment of private military and security companies Special requirements for persons employed to work for private military and security companies Special procedure of annual obligatory domestic accountability of private military and security companies 14

Special legal regulation (Art. 14) Special procedure of annual obligatory accountability of foreign private military and security companies providing their services in the territory of the State Party Prohibition to its nationals and legal entities to register private military and security companies in the offshores 15

Special legal regulation General state registry of private military and security companies Licensing import and export of military and security services General state registry of Licensing of private military and security companies 16

Human rights violations and lack of accountability PMSCs are often operating outside government control and with limited effective oversight from State organs. When involved in crimes or human rights violations, these private security guards have often not been sanctioned or brought before a court of justice Document UN A/HRC/7/7, 9 January 2008 17

Tasks of the International Convention on Private Military and Security Companies GENERAL PREVENTIVE TASK – ensuring world legal order REPRESSIVE TASK – determination and punishment of persons guilty of crimes in the sphere of military and security services 18

Responsibility Criminalization of offences in the sphere of military and security services (Art. 21) Extradition (Art. 24) Establishment of jurisdiction (Art. 22, 23) Mutual legal assistance (Art. 25 - 27) 19