After the last meeting of the “Swiss Initiative” from 15 – 17 September, an international agreement has been reached on the “Montreux Document on Pertinent International Legal Obligations and Good Practices of States Related to Operations of Private Military and Security Companies during Armed Conflict”. The document was agreed to on Wednesday, 17 September, by 17 governments and the International Committee of the Red Cross (ICRC) and it was supported by NGOs and industry representatives.
The purpose of the Montreux Document is to promote the respect for International Humanitarian Law (Geneva Conventions and Additional Protocols) and human rights law by States and PSCs.
BAPSC was honoured to be part of the process leading to the document from the beginning in January 2006. The involvement of the Association contributed to a better understanding of the industry amongst the participating governments and ensured that an industry perspective be reflected in the final version of the Montreux document. BAPSC particularly welcomes the enhanced clarity it brings to the legal situation of its members during their operations in areas of armed conflict.
The document contains two parts. Part I recalls pertinent international legal obligations relating to PSCs. It thus dispels the myth that PSCs operate in a legal vacuum. Part II contains a set of over 70 good practices assisting States to comply with their international legal obligations when working with PSCs. These good practices may also provide valuable guidance for PSCs, in particular in their interactions with government clients and host states. BAPSC will therefore ensure that the good practices be reflected in the future BAPSC Standard.
Although not legally binding, the document is a milestone that clarifies the applicable law and thus contributes to strengthening compliance with IHL and respect for human rights. We congratulate the Swiss Government and the ICRC on their foresight to address these crucial issues and on their steadfastness leading to the commitment of key actors and the completion of the process this week.
A follow-up process directed at the industry itself as well as civil society stakeholders is planned for the near future and BAPSC is looking forward to providing further input and support. The BAPSC standards-setting process has generated significant interest on the part of the Swiss government, so we can reasonably hope to remain an influential partner in the next stage of the "Swiss Initiative".
