Resolution

COMMITTEE: Disec

THE QUESTION OF: Regulating Private Military Companies under International Law

SUBMITTED BY: Germany

SIGNATORIES:

 

The General Assembly,

Guided by the purposes and principles of the Charter of the United Nations, particularly the promotion of international peace, security, and respect for human rights,

Recalling the Geneva Conventions of 1949 and their Additional Protocols, which establish legal protections for civilians and combatants in armed conflict,

Recognizing that private military and security companies have become increasingly involved in modern conflicts, providing services ranging from logistics and training to direct armed support,

Deeply concerned that their hybrid legal status, as neither traditional combatants nor ordinary civilians, has created serious gaps in accountability under international law,

Noting that existing frameworks, including the Montreux Document and national legislation, remain largely voluntary and unevenly enforced,

Alarmed by documented incidents in which the actions of private military companies have contributed to civilian harm, violations of international humanitarian law, and the destabilization of fragile states,

Acknowledging the work of the United Nations Working Group on the use of mercenaries in monitoring these developments and encouraging international dialogue,

Emphasizing that while private military companies may provide operational support in certain contexts, their activities must never undermine human rights, state sovereignty, or the rule of law,

  1. Calls for the negotiation of a binding international convention on the regulation of private military and security companies, aimed at clarifying their legal status and responsibilities under international law;

  2. Recommends the establishment of a United Nations oversight mechanism to complement the work of existing bodies, mandated to:
    a) Maintain an international registry of licensed private military and security companies,
    b) Collect information on their areas of operation and contractual relationships,
    c) Review credible allegations of serious misconduct,
    d) Report regularly to the General Assembly and the Human Rights Council;

  3. Urges Member States to adopt or strengthen national regulatory frameworks requiring that private military and security companies operating under their jurisdiction:
    a) Receive prior authorization before deployment in foreign territories,
    b) Provide mandatory training in international humanitarian law and human rights law,
    c) Operate under clearly defined rules on the use of force and engagement;

  4. Encourages Member States to ensure that individuals employed by private military and security companies are subject to criminal jurisdiction, including through:
    a) Domestic courts,
    b) Extraterritorial legislation where appropriate,
    c) Cooperation with international judicial mechanisms;

  5. Calls upon states to restrict the participation of private military and security companies in direct combat operations, emphasizing that the use of force should remain primarily under state authority;

  6. Reaffirms the importance of host-state consent for any deployment of private military and security companies and stresses that such consent must not override obligations under international law;

  7. Requests the Secretary-General to convene a Group of Governmental Experts to:
    a) Draft elements of the proposed international convention,
    b) Examine best practices from national legislation,
    c) Consult with Member States, regional organizations, and relevant UN bodies,
    d) Submit recommendations within twelve months;

  8. Encourages enhanced international cooperation through:
    a) Information-sharing on the movement and activities of private military and security companies,
    b) Joint investigations into cross-border violations,
    c) Capacity-building support for states with limited regulatory institutions;

  9. Calls for the continued avoidance of the use of private military companies in United Nations peacekeeping operations, in order to preserve neutrality, accountability, and public trust.