Private military and security firms and the erosion of the state monopoly on the use of force
Reply to Recommendation
| Doc. 12211
| 26 April 2010
- Author(s):
- Committee of Ministers
- Origin
- adopted
at the 1083rd meeting of the Ministers’ Deputies (21 April 2010) 2010 - Second part-session
- Reply to Recommendation
- : Recommendation 1858
(2009)
- Thesaurus
1. The Committee of
Ministers has noted with interest Parliamentary Assembly
Recommendation 1858 (2009) on “Private military and security firms and the erosion
of the state monopoly on the use of force” which it has brought
to the attention of the member states’ governments. It has also
communicated it to the Steering Committee for Human Rights (CDDH)
and to the European Committee on Crime Problems (CDPC), for information
and possible comments and to the European Commission for Democracy
through Law (Venice Commission) for information and for it to be
taken it into account in its future work.
2. Notwithstanding the fact that matters relating to national
defence do not fall within the scope of the Council of Europe, the
Assembly’s recommendation raises important questions related to
the rule of law and protection of human rights, which are at the
core of the Council of Europe’s activities. The Committee of Ministers
notes the concerns expressed by the Assembly concerning the possibility
of a legal vacuum at international level regarding certain private
companies which carry out military or security related activities.
The Committee of Ministers encourages all member states to consider
carefully how to counter the perception feared by the Assembly.
3. The Committee of Ministers notes that in June 2009, the Venice
Commission adopted a report “on private military and security firms
and erosion of the state monopoly on the use of force” (see document CDL‑AD(2009)038).
It has invited the European Committee on Crime Problems (CDPC),
the Steering Committee for Human Rights (CDDH) and the Committee
of Legal Advisers on Public International Law (CAHDI), to study,
in the light of the Parliamentary Assembly’s opinion, the suggestions
made by the Venice Commission in its report and to report back.
4. The Committee of Ministers will keep the Parliamentary Assembly
informed about any further developments as regards the issues covered
by the recommendation.