Experts discuss legal framework governing private military and security companies

Private military and security companies operating in a country affected by armed conflict do not work in a law-free environment

At a three-day meeting in Montreux, Switzerland, which ended on 16 April, experts from 18 countries agreed that States and also companies and their employees have clear obligations under international humanitarian law when engaged in situations marked by armed conflict.

“States must strengthen control over private military and security companies through adequate regulations and other measures, and thus help protect the civilian population in conflict-affected areas,” said Philip Spoerri, director for international law at the International Committee of the Red Cross (ICRC).

The meeting of governmental and other experts was the third of its kind since the Swiss foreign ministry launched an initiative on such companies two years ago in cooperation with the ICRC. Among the countries represented were Afghanistan, Canada, China, France, Iraq, Russia, South Africa, the United Kingdom and the United States.

Paul Seger, legal adviser to the Swiss foreign ministry, expressed his satisfaction over the progress made: “Because the discussions were highly constructive, we are hopeful that agreement will be reached by the end of this year on a document that reaffirms State obligations under international humanitarian law and recommends effective means of ensuring that they are fulfilled.”

The Swiss initiative aims at promoting greater respect for international humanitarian law and human rights among private military and security companies operating in countries affected by armed conflict. The discussions in Montreux focused on the humanitarian law obligations of the States primarily concerned – those that contract with private military and security companies, or on whose territory such companies operate or are based – and on measures to ensure that these obligations are met.

International Committee of the Red Cross