GENERAL STATEMENT AT THIRD SESSION OF THE INTERGOVERNMENTAL WORKING GROUP TO ELABORATE THE CONTENT OF AN INTERNATIONAL REGULATORY FRAMEWORK
ICoCA was asked for a statement as an Observer at the third session of the open–ended intergovernmental working group to elaborate the content of an international regulatory framework, without prejudging the nature thereof, relating to the activities of private military and security companies.
ICoCA’s statement was submitted May 9, 2022 and recommends the following:
- That a clear understanding of and delineation between the various non–state private actors operating in high risk, complex and conflict environments, must be established.
- In most contexts, there is a clear operational and evident distinction between one the one hand, entities providing security services, and, on the other, entities providing military services, also reflected in many domestic regulatory regimes. It would be preferable then to take a ‘services’–based approach in the draft document, separating military services from security services, and avoiding any conflation between the two.
- Based on existing international law, and where relevant, domestic regulatory and licensing
regimes, States should endeavour to clearly differentiate between these services and entities providing them.
- ICoCA fully supports national and international efforts to improve accountability and the
provision of remedies. Addressing violations of international humanitarian law and abuses of human rights by private security companies and private military contractors, and of their clients where relevant, is critical to close the impunity gap.
- Under international law, the responsibility for prosecuting and punishing perpetrators of
human rights abuses and humanitarian law violations lies first and foremost with States. ICoCA welcomes greater engagement with States in this regard.
Read the full statement.
On the basis of these consultations, a revised zero draft instrument on an international regulatory framework on the regulation, monitoring of and oversight over the activities of private military and security companies was circulated. Read more.