6. Despite repeated allegations of severe violations of human rights or humanitarian law and crimes committed by PMSC personnel, the existing regulatory gap often prevents victims from obtaining redress or seeking justice. Some States are deliberately using PMSCs to conceal their involvement in conflicts. Deployment of PMSCs allows States to conduct military operations without the same level of public scrutiny or approval processes required for deploying regular armed forces, thus removing one of the essentiaks on the use of force. Given the functioning of PMSCs as private corporations, their activities are often exempted from public scrutiny and lack the same chain of command and disciplinary procedures as regular armed forces. Corporate interests thus risk prevailing over the public good in sensitive policy areas.

7. In States with fragile institutions, deploying PMSCs can further undermine State authority, contributing to the erosion of the rule of law and democratic governance.

8. The Assembly shares the concern of the United Nations Working Group on the use of mercenaries that violations by mercenaries and mercenary-related actors are escalating in scale and intensity while accountability remains mostly absent.

9. The Assembly also acknowledges the increased involvement of PMSCs in humanitarian missions, providing security for NGOs and international organisations. The growing security challenges in conflict zones and the limited capacity of some States to provide adequate protection for humanitarian workers increase the demand for private military and security contractors, who offer their clients access to specialised expertise, flexibility and rapid deployment. Nevertheless, the involvement of PMSCs in humanitarian missions blurs the lines between military and humanitarian actors. This may negatively affect the perceived neutrality and independence of humanitarian work and undermine the trust of local communities.

10. The Assembly notes that the existing rules of customary international law of State responsibility, as codified in the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts, establish a high threshold for attributing actions of non-State actors to States themselves, requiring the exercise by the State of “effective control” over the non-State actor.

11. Addressing these issues requires robust international and domestic regulatory frameworks to ensure that PMSCs’ activities align with democratic principles and respect human rights. The Assembly therefore reiterates that only a legally binding instrument could adequately guide States in managing the PMSC industry and mitigate risks of human rights violations and democratic erosion posed by the unregulated operation of such companies. Pending the adoption of such an instrument, the Assembly reminds States of their existing positive obligations under international human rights law, associated with licensing, contracting, operating and deploying PMSCs.

12. The Assembly considers that under international human rights law, the following should be regarded as minimum requirements incumbent on States whenever licensing, contracting, operating or deploying PMSCs:

PMSCs’ activities, and the establishment by the United Nations Human Rights Council of an open-ended intergovernmental working group tasked with preparing an international regulatory framework governing PMSCs, the Assembly notes with concern that the regulatory landscape on this matter remains scarce.

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12.1. to enact legislation regulating PMSCs, including criteria for their licensing and registration, and oversight mechanisms, and establishing precise accountability mechanisms for PMSCs and their personnel for human rights violations;

12.2. to require PMSCs to comply with international standards applicable to business and human rights, such as the United Nations Guiding Principles on Business and Human Rights and ISO 26000:2010 (Guidance on social responsibility);

12.3. to vet, train, instruct, and supervise PMSCs personnel, in particular when contracting services involving the use of coercive measures, such as combat operations, guarding or transporting prisoners, and conducting interrogations;

12.4. to require a human rights impact assessment to be conducted before authorising PMSCs operations;

12.5. to establish an effective legal framework enabling swift, transparent and impartial investigations of any allegations of human rights violations committed by PMSCs where such PMSC are registered in the State, operate in its territory or in a territory under that State’s jurisdiction, or are employed by that State, and to provide any victims with proper means of redress;