Asia region «Activities of Private Military and Security Companies: Regulation and
Oversight»16 -18 October, 2008
Moscow
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Regional Consultation for the Eastern European Group and Central Asia region
Содержание
- 1. Regional Consultation for the Eastern European Group and Central Asia region
- 2. Proposal of a draft International Convention on
- 3. Requests all States to exercise the utmost
- 4. Encourages States that import the military assistance,
- 5. The outsourcing of military and security functions,
- 6. PMSCs transcend the power of Governments and
- 7. COMBATANTS?????BUSINESSMEN?????MERCENARIES?????LACK OF LEGAL REGULATIONPersonnel PMSCs
- 8. INTERNATIONALLAW?????NATIONAL LAW?????SELF REGULATORY ?????CHOICE OF LEGAL INSTRUMENTSPMSCs?????
- 9. The purpose of the Convention is the
- 10. PreamblesPART I. General Provisions (Art. 1 –
- 11. Military services Private military companySecurity services
- 12. States with “exclusive (absolute)” use of force
- 13. Lawfulness (rule of law) (Art. 5)Protection of
- 14. Refusal from the excessive use of firearms
- 15. Purpose of legal regulationAgreements of PMSCsshall be
- 16. All States Parties shall take such measures
- 17. Special and obligatory procedure of governmental registration
- 18. Special procedure of annual obligatory accountability of
- 19. General state registry of private military and
- 20. PMSCs are often operating outside government control
- 21. Tasks of the International Convention on
- 22. Responsibility Criminalization of offences in the sphere
- 23. Скачать презентанцию
Proposal of a draft International Convention on Private Military and Security CompaniesAlexander G. VOLEVODZ, doctor in lawMoscow State Institute of International Relations (University) of the MIA of the RF
Слайды и текст этой презентации
Слайд 2Proposal 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 
Слайд 3 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 regimesGeneral Assembly of UN
Слайд 4 Encourages States that import the military assistance, consultancy and security
services provided by private companies to establish regulatory national mechanisms
for the registering and licensing of those companies in order to ensure that imported services provided by those private companies neither impede the enjoyment of human rights nor violate human rights in the recipient countryGeneral Assembly of UN
Слайд 5The outsourcing of military and security functions, formerly performed by
States, has become multidimensional
The civilian population is often the
victim of the activities of private military and security companiesTransnational activity
MODERN TENDENCION OF PMSCs ACTIVITY
Слайд 6PMSCs transcend the power of Governments and are eroding the
traditional concept of sovereignty and the monopoly of the use
of forceWhen involved in crimes or human rights violations, personnel PMSCs have often not been sanctioned or brought before a court of justice
MODERN TENDENCION OF PMSCs ACTIVITY
Слайд 8INTERNATIONAL
LAW
?????
NATIONAL LAW
?????
SELF REGULATORY
?????
CHOICE OF LEGAL INSTRUMENTS
PMSCs
?????
Слайд 9 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 characterPurpose of International Convention on Private Military and Security Companies
Слайд 10Preambles
PART I. General Provisions (Art. 1 – 4)
PART II. Principles
(Art. 5 – 12)
PART III. Legislative regulation and oversight (Art.
13 – 20)PART IV. Responsibility (Art. 21 – 28)
PART V. Final provisions (Art. 29 – 33)
Draft International Convention on Private Military and Security Companies
Слайд 11Military services Private military company
Security services Private security
company
Export of military and/or security services
Import of
military and/or security servicesLicense Licensing License registry
Definition (Art.2)
Слайд 12States with “exclusive (absolute)” use of force monopoly
States allowing certain
exceptions to “exclusive” use of force monopoly inside the state
States
with “limited” use of force monopolyThe State monopoly on the use of force (Art. 3,4)
Слайд 13Lawfulness (rule of law) (Art. 5)
Protection of sovereignty (Art. 6)
Respect
and observance of human rights (Art. 7)
Prohibition of mercenary activities
(Art. 8)Impermissibility of the use of force (Art. 9)
Principles legal regulation
Слайд 14Refusal from the excessive use of firearms (Art. 10)
Prevention Illicit
Trafficking in Firearms, Their Parts and Components and Ammunition (Art.
11)Responsibility of state control (Art. 12)
Principles legal regulation
Слайд 15Purpose of legal regulation
Agreements
of PMSCs
shall be consistent with the
legislation of states in which territory such entities are established
and registeredshall 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
Слайд 16 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 regulationObligatoriness of special legislative regulation (Art.13)
Слайд 17Special 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 companiesSpecial procedure of annual obligatory domestic accountability of private military and security companies
Special legal regulation (Art.14)
Слайд 18Special procedure of annual obligatory accountability of foreign private military
and security companies providing their services in the territory of
the State PartyProhibition to its nationals and legal entities to register private military and security companies in the offshores
Special legal regulation (Art.14)
Слайд 19General state registry of private military and security companies
Licensing of
private military and security companies
Licensing import and export of military
and security servicesGeneral state registry of Licensing of private military and security companies
Special legal regulation
Слайд 20 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 justiceDocument UN A/HRC/7/7, 9 January 2008
Human rights violations and lack of accountability
Слайд 21 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
Слайд 22Responsibility
Criminalization of offences in the sphere of military and
security services (Art. 21)
Establishment
of jurisdiction (Art. 22, 23)
Extradition (Art.24)
Mutual
legal assistance (Art. 25 - 27)
