Journal of International Peace Operations
Volume 5, Number 2 – September-October, 2009
IPOA President Doug Brooks and Director J. J. Messner met with the U.N. Working Group in Washington, D.C.
CREATED in 2005, the U.N. Working Group on the use of mercenaries is mandated to study, monitor and identify trends and effects associated with the use of private military and security companies (PMSCs). Pursuant to this mandate, the Working Group distributed its Draft International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies in July 2009.
The Working Group recently held discussions with U.S. government officials, academics, civil society organizations as well as IPOA. The Working Group held these meetings as part of an effort to compile findings voice concerns regarding specific alleged incidents, and discuss the prospects of an increased role for the U.S. Government in the regulation and oversight of PMSCs.
The draft Convention asserts the responsibility of states in the licensing, regulation, oversight, and accountability of PMSCs, and focuses on the consequences of inadequate regulation on human rights. The draft Convention prohibits PMSCs from engaging in “intrinsically governmental” functions, requires the creation of a state licensing process, identifies parameters for the use of force, establishes jurisdiction for offenses of PMSCs and outlines state reporting requirements. Additionally, the Convention seeks to create a 14-person committee to act as the international authority responsible for overseeing the implementation of the Convention.
IPOA welcomes and values the work of organizations seeking to meet the same goals of ethical and professional private sector services in complex contingency operations. Accordingly, IPOA offered the Working Group recommendations to strengthen the Convention, based on the comments and suggestions of the IPOA staff and outside experts. IPOA believes that the importance of the concept of Responsibility to Protect, the progress of the 2008 Montreux Document on issues of human rights and accountability, and the great value that private security adds to stability operations by filling gaps in public sector capacity should be added to strengthen the cause and rationale of the Convention.
Additionally, the definitions set forth in the draft Convention for both “Private Military and/or Security Company (PMSC)” and “Military Services” are troubling for their use of the word “military” which implies that private, non-military personnel have the same rights as combatants under international law; a clear delineation between military and civilian personnel is necessary to avoid confusion. IPOA also believes that the committee proposed to oversee the implementation of the Convention may be unduly large, given the trends and size of the private security industry, and that this committee should include permanent representation from relevant U.N. agencies, industry associations, and the ICRC.
The draft Convention provides a compelling outline for the licensing, regulation, and monitoring of PMSCs. However, IPOA remains opposed to the draft Convention’s stigmatization of the industry through its use of the term ‘mercenary.’ While the Working Group and IPOA maintain the same goal of furthering the provision of professional and ethical security services, these goals are undoubtedly best met by cooperation across sectors and organizations grounded in mutual respect. To that end, IPOA welcomes the Convention as an opportunity and vehicle for increased communication and cooperation.
