Addressing risks to human rights and the rule of law posed by mercenaries and private military and security companies: a call for comprehensive regulation
Recommendation 2289
(2025)
| Provisional version
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 28 January 2025 (4th sitting) (see Doc. 16092, report
of the Committee on Legal Affairs and Human Rights, rapporteur:
Mr Andrea Orlando). Text adopted by the Assembly on
28 January 2025 (4th sitting).
1. Referring
to its
Resolution 2583
(2025) “Addressing risks to human rights and the rule
of law posed by mercenaries and private military and security companies:
a call for comprehensive regulation”, the Parliamentary Assembly
reiterates its concern about the erosion of States’ authority, loss
of democratic oversight and accountability, and the impunity of
perpetrators of human rights violations, which result from the increased
use of private military and security companies (PMSCs), including
those registered or operating within the territory of the Council
of Europe member States.
2. The Assembly believes that numerous reports of grave human
rights violations perpetrated by PMSCs call for stronger regulation
of this industry. Although their deployment might serve legitimate
purposes, such as providing security and expertise to international
organisations and humanitarian workers, some States might be keen
to use their services simply to hide their involvement in military
operations by invoking plausible deniability and prevent victims
of abuses from obtaining compensation and seeking justice.
3. Notwithstanding the fact that matters relating to national
defence do not fall within the scope of the Council of Europe, the
Assembly notes that the scarcely regulated operation of PMSCs poses
grave risks to the rule of law and protection of human rights. Therefore,
pending the outcome of works of the United Nations open-ended intergovernmental
working group to elaborate the content of an international regulatory
framework on the regulation, monitoring and oversight of the activities
of PMSCs, the Assembly invites the Committee of Ministers to examine
the feasibility of drawing up a Council of Europe convention governing
the use of private military and security companies, ensuring accountability,
victim redress, and adherence to international human rights standards.
4. The Assembly believes that such a legally binding regional
framework should address, at minimum, issues associated with PMSCs’
licensing, registration and oversight and require the introduction
of effective remedies for victims of possible human rights violations
and developing training programs aimed at preventing such abuses.
The initiative on the creation of a legally binding regional framework
would complement ongoing efforts within the United Nations by providing
a robust regional framework tailored to the specific challenges faced
by member States. PMSCs might operate in a grey area where human
rights would fall on deaf ears, due to a plausible deniability from
the State. As PMSCs are already wreaking havoc on the European continent,
the Council of Europe should reinforce trust in its role as a defender
of democratic values and human rights, while setting an example
of leadership that inspires confidence in multilateral mechanisms
and rule of law.
5. Finally, the Assembly recommends that the Committee of Ministers:
5.1 endorse, on behalf of the Council
of Europe, the Montreux Document on pertinent international legal
obligations and good practices for States related to operations
of PMSCs during armed conflict;
5.2 pending the adoption of a convention, draw up a draft
recommendation to member States, focused on mitigating risks to
human rights, democracy and the rule of law posed by private military
and security companies;
5.3 intensify political dialogue with the United Nations,
in line with the Reykjavik Declaration, by ensuring that the Council
of Europe contributes to the open-ended intergovernmental working
group to elaborate the content of an international regulatory framework
on the regulation, monitoring and oversight of the activities of
private military and security companies.
