Disarmament and International Security Committee Topic: To discuss the role of Private Military &Security Companies in conflict zones.
Authors: Hungary, Venezuela
Signatories:
The General Assembly,
Keeping in mind the increasing utilisation of PMCs and
PMSs in international security by various nations,
Deeply concerned about the uncontrolled and unrestricted
nature of the working methods of PMCs,
Noting its resolution A/44/34 of 4 December 1989 on
International Convention against the Recruitment, Use, Financing and Training of Mercenaries,
Further Noting the article 1 of the resolution A/44/34
which gives definition for mercenaries,
Affirming that the recruitment, use, financing and
training of mercenaries should be considered as offences of grave concern to all States and that any person committing any of these offences should either be prosecuted or extradited,
Taking into consideration the safety of civilians
involved in war torn areas, Taking into account war crimes committed by PMCs operating in politically unstable areas and attempts to interfere in regional politics of sovereign nations,
1. Calls upon all states which have PMCs and PSCs
prevailing in their states to implement proper monitoring mechanisms over the hiring and recruitment of employees, Ex-Military Personnels, Ex- Special Forces based on: a. War Crime and Criminal History of employees;
b. History of Political ties of employees with other
nations;
c. Military record of employees with focus on Human
Rights violations in past;
d. Mental Health of employees with focus on PTSD
which is a common case in Ex-Military Personnels;
2. Further requests the nation contracting the help of
PMCs and PSCs to bear responsibility for the actions of the PMC and PSC employees with respect to violation of Human Rights;
3. Requests the nations contracting the services of PMCs
and PSCs to keep their activities in check by:
a. Sending a team of government officials to
accompany the teams of PMCs deployed;
b. Making reports of all activities of the PMCs by
the official team and submitting it to a authoritarian body of government;
c. Formation of a authoritarian body in National
Government to convey the reports on activities of PMCs to Working Group on Mercenaries of UNGA; 4. Further Recommends all nations to utilise the services provided by PMCs in domestic operations in hostile areas with zero risk of civilian casualties to prevent the expense of National Military Personnels;
5. Invites all member nations with strong military and
financial stability to provide armed help to countries which have to resort to PMCs for security purposes which could eliminate the need for the latter;
6. Recommends that mercenaries, as defined in GA
Resolution A/RES/44/34, should not be designated as combatants or civilians and should be deprived of rights allotted to both the distinctions;
7. Recommends that no country should deploy PMCs in any
other country’s sovereign territory even with the justification of peace keeping purposes without the consent of the latter;
8. Encourages the supply of armed help by financially
strong and Militarily advanced countries to the countries facing severe civil unrest for peace keeping purposes in absence of competent National Military Organisation of the latter;
9. Further requests the authorisation of the Working
Group on Mercenaries to act as a supervising body in order to track the illegal activities and transactions of all PMCs;
10.Strongly affirms the deployment of spy drones by
countries which can afford them to monitor the activities of PMCs in situations where it is not possible to deploy a team of National Officials to report the activities of PMCs accompanying them; 11.Requests that the Government officials accompanying the PMC teams deployed should be given status of civilians and not combatants and their safety should be thus assured;
12.Suggests the formation of a Bench in ICJ to regulate
and try accusations against PMCs in violation of human rights and violation of International Humanitarian Laws;
13.Considers the violations of domestic guideline
provided by Government of nations by PMC employees to be under the jurisdiction of respective nations and thus should be tried and penalised accordingly by regional justice bodies of nations;
14.Affirms that PMCs be given proper designations of
combatants and civilians according to their deployment status in conflict areas to ensure their safety in case of capture by rival forces;
15.Recommends that Contracts of PMCs should be rectified
and analysed by governing bodies to make them hardwired and air-tight to loopholes to be exploited by PMC employees in interests of personal gains.
Final Draft Agreement On The Cessation of Hostilities (COH) Between The Government of South Sudan (GRSS) and The Sudan People's Liberation Movement/Army in Opposition (SPLM/A in Opposition)