The Montreux Document on private military and security companies

On 17 September 2008, 17 States - Afghanistan, Angola, Australia, Austria, Canada, China, France, Germany, Iraq, Poland, Sierra Leone, South Africa, Sweden, Switzerland, the United Kingdom, Ukraine, and the United States of America - finalised the so-called “Montreux Document on Pertinent International Legal Obligations and Good Practices for States related to Operations of Private Military and Security Companies during Armed Conflict”. The Montreux Document is the first international document to describe international law as it applies to the activities of private military and security companies (PMSCs) whenever these are present in the context of an armed conflict. It also contains a compilation of good practices designed to assist states in implementing their obligations under international law through a series of national measures.

As a whole, the Montreux Document gives expression to the consensus that international law, in particular international humanitarian law and human rights law - does have a bearing on PMSCs and that there is no legal vacuum for their activities. The document is intended to serve as a guide on the legal and practical issues raised by PMSCs. In so doing, it makes reference to already existing international legal obligations. It does not create new ones and is itself a legally non-binding document.

The Montreux Document is the result of an initiative launched jointly by Switzerland and the ICRC in early 2006 (the “Swiss Initiative”). Bringing together states that have practical experience with PMSCs and states with a particular concern for international humanitarian law, it is meant be both practical and realistic in contributing to one goal: to promote respect for international humanitarian law and human rights law. As an official document of the UN, the Montreux Document is now available in the languages English, French, Chinese, Russian, Spanish and Arabic.

The Montreux Document was developed on the basis of four intergovernmental meetings between January 2006 and September 2008. The Swiss Federal Department for Foreign Affairs organized a first exploratory meeting in Zurich on 16–17 January 2006, bringing together various experts from government, industry and civil society for a first survey of the subject matter. A second meeting along similar lines took place in Montreux on 13 –14 November 2006, at which participants discussed good practices for three key types of states: states contracting PMSCs, states on whose territory they operate, and states of their nationality. A third meeting in Montreux on 14 – 16 April 2008 served to consolidate views among a wider circle of government experts, representatives of human rights organizations and the industry on a first draft of the Montreux Document. On the basis of these discussions, the draft was revised and submitted to participating governments for a final consultation. On the occasion of a fourth (and concluding) meeting of the Swiss Initiative in Montreux on 15 – 17 September 2008, the Montreux Document was finalized through consensus among the participating governments.

The Montreux Document is divided into two parts. Part I differentiates between contracting states, territorial states and home states. For each category of states, Part I recalls pertinent international legal obligations according to international humanitarian law and human rights law. The question of attribution of private conduct to the state under with customary international law is also addressed. In addition, Part I devotes sections to the pertinent international legal obligations of “all other States”, to the duties of PMSCs and their personnel, as well as to questions of superior responsibility.

Part II of the Montreux Document also differentiates between contracting States, territorial States and home States. The good practices draw largely from existing practices of States not only directly with regard to PMSCs but also, for instance, from existing regulations for arms and armed services. They range from introducing transparent licensing regimes to ensuring better supervision and accountability - so that only PMSCs which are likely to respect international humanitarian law and human rights law, through appropriate training, internal procedures and supervision, can provide services during armed conflict.

In accordance with its preface, all States and international organisations are invited to communicate their support for the document to the Federal Department of Foreign Affairs of Switzerland. The effect of such a communication is to join the list of supporting States (see link above to the left). No legal obligations are entered into.