Regulation of the Private Military and Security Sector: Is the UK Fulfilling its Human Rights Duties?

Abstract

There is a divergence in state practice as regards the regulation of private military and security companies (PMSCs), 1 ranging from outright prohibition, to forms of licensing, to voluntary self-regulation. 2 This article considers the self-regulation model as adopted by the UK in order to illustrate the compatibility of such a regime with international norms, especially those guaranteeing human rights. The UK is the home state, that is state of registration, for a large number of land-based and maritime PMSCs. The Security in Complex Environments Group (SCEG) was appointed by the UK Government in 2011 as its partner for the development and accreditation of standards for the UK private security industry operating in the land environment overseas. 3 SCEG is a special interest group within Aerospace Defence and Security (ADS), a trade organization advancing the UK aerospace, defence and security industries; SCEG lists over 60 PMSCs as members. 4 Separately, 22 UK registered companies involved in providing security services in overseas territories or maritime areas are currently listed as members of the International Code of Conduct Association (ICoCA), 5 set up in 2013 to oversee the implementation of a non-binding international code for private security companies, although a much larger number of UK companies signed up to the International Code of Conduct for Private Security Providers of 2010. 6