Abstract

SummaryThe proliferation of private military and security companies has attracted significant public and scholarly attention during the last decade. This comment examines the United Nations Draft International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies (Draft Convention). It discusses the significance of the Draft Convention and then describes the approach taken to the regulation of this controversial topic. Several problematic elements of the Draft Convention are identified including the definition of prohibited activities, State responsibility for the conduct of private military and security companies and the proposed International Criminal Court referral mechanism. Finally, specific policy recommendations are made for the government of Canada as a home state and contracting state of private military and security services, irrespective of the progress of negotiations on the Draft Convention.

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