Blackwater sentencing – UN experts on mercenaries call for
international regulation of private security
GENEVA (14 April 2015) – “Justice is served in this case but
must be assured globally,” the United Nations Working Group on the use of
mercenaries has said today, reiterating its call for global regulation of
private military and security companies (PMSCs). “The outsourcing of security
to these firms by States creates risks for human rights, hence the need to
regulate their activities,” they said.
The expert body’s call comes after a federal judge in
Washington sentenced a former Blackwater Worldwide security guard to life in
prison, and three others to 30 years terms for the killing of 14 unarmed Iraqi
civilians in 2007, in Baghdad’s crowded Nissour Square. A further 17 Iraqi
civilians were injured as the private security contractors opened fire.
“We endorse the sentences meted out to the private military
actors in this landmark trial,” said Elzbieta Karska, who currently heads the
five-strong group of independent human rights experts. “PMSCs personnel must
always be held accountable for violations committed under international human
rights and humanitarian law.”
“However, such examples of accountability are the exception
rather than the rule,” Ms. Karska highlighted. “The difficulty in bringing a
prosecution in this case shows the need for an international treaty to address
the increasingly significant role that private military companies play in
transnational conflicts.”
The human rights expert noted that the adoption of a new
international legal instrument* within the UN will provide a clear framework to
effectively monitor abuses and violations of human rights committed by private
military and security companies and provide an independent avenue to compensate
victims of such violations.
“The Working Group is continuing to promote dialogue around
the drafting of a possible international legally binding instrument, and looks
forward to working with stakeholders, including at the Open Open-Ended
Intergovernmental Working Group to consider the possibility of creating an
international regulatory framework on the regulation, monitoring and oversight
of the activities of private military and security companies,” Ms. Karska said.
The human rights expert stated that the prosecutions of
Blackwater contractors signal that human rights violations committed by private
military and security companies cannot remain unpunished, and provide a strong
deterrent against their repetition.
“There can be no justice without effective accountability
and redress mechanisms for victims,” Ms. Karska stressed. “States have a
responsibility to ensure that victims and their families have equal and
effective access to justice, as well as adequate, effective and prompt
reparation for the harm suffered”.
(*) Read the Working Group’s draft of a possible Convention
on Private Military and Security Companies:
http://www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/WGMercenariesIndex.aspx
ENDS
The Working Group on the use of mercenaries as a means of
violating human rights and impeding the exercise of the right of peoples to
self-determination was established in 2005 by the then Commission on Human
Rights. It is composed of five independent experts serving in their personal
capacities: Ms. Elzbieta Karska (Chairperson-Rapporteur, Poland), Ms. Patricia
Arias (Chile), Mr. Anton Katz (South Africa), Mr. Gabor Rona (United
States/Hungary), and Mr. Saeed Mokbil (Yemen). Learn more, log on to: http://www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/WGMercenariesIndex.aspx
The UN human rights experts are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights, is the general name of the
independent fact-finding and monitoring mechanisms of the Human Rights Council
that address either specific country situations or thematic issues in all parts
of the world. Special Procedures’ experts work on a voluntary basis; they are
not UN staff and do not receive a salary for their work. They are independent
from any government or organization and serve in their individual capacity.
For more information and media requests, please contact
Natacha Foucard (+41 22 917 9458 / nfoucard@ohchr.org) or Jolene Tautakitaki
(+41 22 917 9363 jtautakitaki@ohchr.org) or write to mercenaries@ohchr.org.
For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383
/ xcelaya@ohchr.org)
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