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Introduction ....................................................................................................................................................................................................4
Background .....................................................................................................................................................................................................4
Combatants ................................................................................................................................................................................................7
References ....................................................................................................................................................................................................10
AGENDA - II .......................................................................................................................................................................................................11
China .........................................................................................................................................................................................................14
Iran ............................................................................................................................................................................................................14
Germany ...................................................................................................................................................................................................14
India ..........................................................................................................................................................................................................15
Turkey .......................................................................................................................................................................................................15
References ....................................................................................................................................................................................................16
Steps To Disarm PMSCS (Private Military &Security Services) And Tackle Privatisation Of War
within the scope of the United Nations Charter or relating to the century, technological progress led to the development of a new
powers and functions of any other organ of the United Nations.
generation of weaponry, containing the devastating potential to
The committee works in cooperation with the United Nations
destroy all human civilization on earth. The end of the cold war
Disarmament Commission and the Conference on Disarmament,
based in Geneva. appeared to put an end to the ever-existing threat of global
It is the only Main Committee of the General Assembly entitled to destruction as well. But with it new dangers emerged, new or
verbatim records coverage as according to Rule 58 (a) of the previously underestimated groups and entities began to alter the
rules of procedure of the General Assembly. {58(a) Verbatim design of armed conflict, again, ultimately pushing it to a new
records of the meetings of the General Assembly and of the limit.
Disarmament and International Security (First Committee) shall
be drawn up by the Secretariat and submitted to those organs
Among these groups, among terrorists, separatists, religious and
after approval by the presiding officer. The General Assembly
shall decide upon the form of the records of the meetings of the ethnic groups and other non- state actors have also been an
other Main Committees and, if any, of the subsidiary organs and increasing number of private contractors, used for various
of special meetings and conferences. No organ of the General purposes, including direct involvement in combat.
Assembly shall have both verbatim and summary records.
DISEC sessions are well structured and fall into three distinct
pre- defined stages:
The use of mercenaries to replace or reinforce a regular militia
General Debate
has a long-standing tradition, dating back to ancient times. The
Thematic Debate
Egyptian Pharaohs used foreign troops, recruited from Nubia and
Action on drafts
other regions under Egyptian control. Later mercenary
contingents played an important role for the ancient Persian,
Greek and Roman forces. They were recruited or acquired in
“Today, the contractor issue is transnational, and requires a
various ways, in all parts of the respective empires and beyond.
transnational solution. Companies easily change headquarters,
The Romans for example mainly used Celtic or Germanic men,
names, and corporate forms. They recruit from around the world
which they continued to call “barbarians”, to secure the borders
and operate around the world. No one country can regulate this
and the very existence of the empire, especially during its last
business.“ – Faiza Patel, Chairwoman of the UN Working Group
few centuries. Earlier on the
on the use of mercenaries, 25 September 2012
Persians acquired Greek mercenaries for their wars against the
The face of war is changing, for the better and worse at the same
Greeks themselves, thereby not only using their abilities but also
time. Enormous progress has been made not only in drafting
weakening those of the enemy.
binding rules and regulations for armed conflicts, protecting
especially the most vulnerable groups affected by them, but also In medieval times, with a multitude of quasi-national entities in
in implementing such rules. With the creation of International Europe and continuously changing borders and affiliations,
Tribunals and other specialized courts, investigating and mercenaries continued to play a vital role in warfare. And they
prosecuting allegations of genocide, crimes against humanity continued to be recruited not only by their home country but also
and war crimes in Rwanda, the former Yugoslavia, Sierra Leone by foreign powers.
and Cambodia and with the establishment of a permanent
Among the numerous nationalities that provided contingents of to be covered by any national governments.
mercenaries, the Swiss stood out. Equipped with an enormous
reputation and quite contrary to today’s “Swiss neutrality”, they The tasks that private companies fulfil for and on behalf of
were employed by several European royal courts, armies and national governments or indeed other private companies are
other entities. Of these so called “Swiss Guards”, only one wide ranging. They are used in combat to support regular
remains on duty today, the Papal or Pontifical Swiss Guard, military units or work and fight in areas, which require
founded in 1509. specialized training and covert tactics. They secure buildings
such as embassies and protect diplomats and other dignitaries,
both at home and in some of the most dangerous areas in the
world.
Private contractors are used in numerous areas, at the frontlines, In recent years large numbers of private contractors were
for protective and intelligence services and with pure recruited in Africa, some of them by parties to a conflict on the
administrative or logistical duties. While their use may cause continent itself, others by foreign powers to fight in other
serious problems and concerns there are also several important regions. It has been alleged that among those recruits are
aspects that, from the point of view of governments employing significant numbers of former child soldiers, whose previous
them, give them a real advantage over regular military or police experience but also emotional degradation appears to be quite
forces. appealing to contracting companies and governments. One of
the most notorious companies in the business was the South
The first and foremost argument is a significant cost reduction.
Africa based “Executive outcomes”, which ceased operating in
Military operations are enormously expensive. Private
1998.
companies have to work in a much more cost efficient way if
they want to be successful in their competitive market. The most recent report by the UN Monitoring Group on Somalia
and Eritrea revealed that a large number of foreign private
Another point is greater flexibility. Compared to regular military
military and security groups are active in war-torn Somalia as
with a strict command structure, they can act more freely and
well. Among these groups are African companies, but also
independently in exercising their tasks. Because of numerous
Lebanese and other Arab firms, some of which are closely
different specializations among the world’s private contractor
connected to American security firms. Their actions apparently
companies, governments can choose and alter, depending on the
constitute violations of the present arms embargo in an
nature of the task at hand, specifically the contractor that is
immensely unstable situation.
properly trained and prepared for their purposes. And again, the
cost argument plays its part, with the training costs not having
indispensable by civilized peoples.”
Several private military companies have certain economic
connections to the defense industry. While these connections As mentioned before, International Courts and Tribunals were set
ensure that they are adequately equipped for their duty, it has up to investigate and prosecute atrocities against the civilian
also been alleged, that they might contain a possible conflict of population. Domestic judiciary is also called upon to investigate
interests, contrary to the position of the national government. all crimes within its jurisdiction.
Even without such a connection, it cannot be denied that private
military firms profit largely from armed conflicts. In certain Several private military companies have been accused of serious
situations, they might have an interest to prolong an ongoing atrocities during the last years. Just one example is an incident
conflict. Since the government has only limited control over such that occurred on September 16, 2007 in Baghdad, Iraq. A convoy
forces, it cannot directly order them to cease their actions. The consisting of US state department vehicles with several
companies on the other hand might try to persuade the diplomats on board and guarded by personnel from private
government to refrain from signing a peace accord. security firm Blackwater, encountered a small car, driven by a
woman, that was slowly but steadily approaching the convoy.
While no report of such persuasion attempts has been made After shouts and a warning shot, the Blackwater security guards
public so far, this scenario is a most disturbing one, which has to opened fire on the car right in the Center of the Iraqi capital. This
be addressed by the Council as well. drew the attention of several Iraqi policemen and civilians. The
guards tried to clear the scene using stun grenades, but were
met with significant resistance and found themselves, according
to a US state department, in an increasingly threatening
It is a sad but undeniable fact that war without grave violations
situation. Several Blackwater guards opened fire at what they
of individual human rights is virtually unthinkable. But a
thought were potential attackers. They were horribly wrong. 17
consequence of that is also that parties involved in a conflict
people were shot and killed, 14 of which were unarmed civilians.
have to exercise utmost caution to protect human rights and
One guard continued to fire on civilians even after being called
especially the civilian population wherever possible. For this
and even commanded by his colleagues to stop firing. It was not
purpose, numerous documents were drafted and adopted by the
before a colleague pointed his own gun at the guardsman that he
several organs and specialized agencies of the UN and other
dropped his weapon.
organizations, arguably the most prominent being the Fourth
Geneva Convention. It clearly states in Article 3, common to all
This incident led to a deterioration of Iraqi-American relations.
four Conventions:
Blackwater’s license to operate in Iraq was suspended
temporarily. Five Blackwater employees were charged with
“Persons taking no active part in the hostilities, including members
manslaughter in the U.S.A. District court judge however later
of armed forces who have laid down their arms and those placed
dismissed all charges, because testimony against the accused
hors de combat by sickness, wounds, detention, or any other
was allegedly gained under the promise of immunity.
cause, shall in all circumstances be treated humanely, without any
adverse distinction founded on race, colour, religion or faith, sex,
Human rights violations are also committed by members of
birth or wealth, or any other similar criteria.”
regular armed forces and other government officials, but there is
one major difference, one question that arises when contractors
Some acts are explicitly prohibited, including:
of private companies are the perpetrators: who can be held
responsible?
“a) Violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture;
b) taking of hostages;
Societies with a functioning judicial system tend to think about
c) outrages upon personal dignity, in particular humiliating and the concept of criminal justice in very simple ways. If a person
degrading treatment; commits a crime, a prosecutor, authorized by the state, will
investigate it and charge the person with the offense. He or she
d) The passing of sentences and the carrying out of executions will then be brought to trial and sentenced by an impartial and
without previous judgment pronounced by a regularly constituted competent court according to law. Afterwards the perpetrator
court, affording all the judicial guarantees which are recognized as will pay a fine or serve a prison sentence, and so justice is done.
personnel can be regarded as combatants and subsequently, if
Even more controversial and essential to the solution of this captured by a hostile party, as prisoners of war.
problem is the question of state responsibility. In the context of
our topic, this question is of special importance with regard to A person taking direct part in armed hostilities (combatant),
the issue of holding a state accountable for acts committed by while, among others, being a member of the armed forces of a
individuals acting on its behalf. So far all the numerous attempts party to the conflict, or a member of a militia under the
to modify and implement regulations concerning state command of the armed forces following a certain command
responsibility into international public law have merely led to the structure, is when captured considered to be a prisoner of war
formulation of so called “draft articles”, created by the (POW) and enjoys the protection of the Third Geneva Convention.
International Law Commission in 2001. Under these draft articles
its officials and organs can consider a state responsible for any The status of personnel of private military companies on duty in
action or omission. The same shall apply even if the official or armed conflicts as combatants and as a consequence as PoWs
organ is organized independently from the state and even if it is is disputed. They are neither regular soldiers, nor mercenaries or
in excess of its original powers. The consequence of state historically mainly foreign nationals seeking enlistment by other
responsibility for such an act would depend on the actual armed forces for the sole purpose of gaining profits, nor mere
international commitment that was violated by it. States would civilians taking up arms in a conflict.
be obliged to cease committing such acts and ensure full
reparation.
Recent years have seen some significant efforts to deal with the
increasing importance of private military and security forces.
The government of Switzerland has been on the forefront of
these efforts and hosted a number of conferences and
international meetings to address this issue. Among the
outcomes of such meetings is the Montreux Document of 2008.
Developed by 17 nations, including for example the US, China,
France and the UK, but also Afghanistan and Iraq, under the
auspices of the Swiss federal government, the document defines
private military and security forces as follows:
Abroad Triple Canopy, like Defion Internacional, is known to
employ “‘PMSCs’ are private business entities that provide military
and/or security services, irrespective of how they describe
Discount South American soldiers. However, that’s just a small themselves. Military and security services include, in particular,
fraction of their business. Founded by ex-members of the US armed guarding and protection of persons and objects, such as
Army convoys, buildings and other places; maintenance and operation
of weapons systems; prisoner detention; and advice to or
Special Forces, Triple Canopy is a mercenary force that works training of local forces and security personnel. “This is the most
mainly for the US government in Iraq. Their employees include comprehensive and internationally most accepted definition as
former Navy SEALs, Rangers, Special Operations personnel and of today. Several questions however remain unanswered; several
police officers. After Saddam Hussein’s fall, the company found
issues are still not sufficiently resolved. These include the issues nations in Iraq and Afghanistan is slowly coming to an end, the
of individual and/or state responsibility and the implementation private military companies are about to look for new areas to do
of an efficient control mechanism over private military their work. Recent attacks on western embassies especially in
contractors. It should also be noted that the Montreux Document Arab countries may create a new demand for security personnel.
is not legally binding to any government and contains mere
recommendations for further steps, regulating the private One should also keep in mind that, while most private military
military market and the conduct of such companies. companies have their headquarters in Western nations, those
countries have not at all a monopoly over their services. Other
Several security companies agreed to formulate a Code of nations, including despotic regimes may also be interested in
Conduct, which aims at setting rules for their operations. These enlisting them for their purposes, to protect the status quo but
rules are not legally binding, but may be considered as forming a also to oppress parts of the civilian population.
basis for further attempts to regulate the actions of these
companies. There is another striking aspect of this Code: the Coordinated efforts to regulate the use of private military and
number of signatories, all of them internationally active security security forces are urgently needed. The first steps have been
firms, which gives the reader an idea of the actual scale of the taken, especially by the Swiss government and through the
issue. No less than 591 companies have signed the Code of Montreux Document. It is now up to the Council to address this
Conduct so far. issue and find comprehensive solutions to the problems arising
from it.
While the military involvement of the US and other Western
Who must be held responsible in the event of abuse of power?
Ways to control illicit trade of weapons by PMSCs?
Actions to be taken against the PMSCs who violate international law?
How to stop banned PMSCs from rebranding and regrouping in form of a another company?
Types of weapons that can be used by PMSCs?
Situations at, which PMSCs can be deployed?
Way to stop recruitment for PMSCs from underdeveloped countries?
http://controlpmsc.org/
http://www.amnestyusa.org/our-work/issues/military-police-and-arms/private-military-and-security-companies
http://kingsofwar.org.uk/2012/07/the-un-using-pmscs-is-that-a-bad-thing/
http://www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/NationalRegulatoryFrameworks.aspx
http://www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/NationalRegulatoryFrameworks.aspx
Arms Trafficking By Religious Extremist Groups In Syria
Since the onset of the civil war in Syria over two years ago, one At the onset of the civil war in Syria, initially regional outfits like
of the major issues for the rebels has been access to weapons, the League of Arab States and the Gulf Cooperation Council were
needed to defend themselves against the well equipped army of hesitant to respond as a result of which the UNSC was unable to
Bashar al Assad, Syria’s incumbent president. reach a consensus on decisive action to end the conflict.
Currently the President’s regime is being supplied legally by the After about a year of incessant war, on 23 February 2012, former
Russian Federation. At the same time, the army is further Secretary General Kofi Annan was appointed as the Joint Special
supplied arms by Iran, but under U.N. Resolution 1747 Iran is Envoy for the UN and the League of Arab States. The six point
forbidden from export of weapons, thus these transactions are peace plan was set forth by Annan which committed a ceasefire
illegal or occurring on the black arms market. and timely provision of humanitarian assistance. This plan
A confidential UNSC report published last year, as viewed by however failed to end the conflict. In April 2012, the UNSC
Reuters said that of the three seizures of large shipments of further authorized deployment of a UN Supervision Mission in
Iranian weapons, when investigated upon by a panel of experts Syria (UNSMIS) to facilitate this plan. These observation
over the past year showed that: activities were suspended on 19 August 2012. As a result of this
“Two of these cases involved the Syrian Arab Republic, as were Annan resigned from his position and cited the lack of political
the majority of cases inspected by the Panel during its previous unity in the UN as a hurdle to peaceful solution of a crisis.
mandate, underscoring that Syria continues to be the central Lakhdar Brahimi then replaced Kofi Annan. Under his regime, the
party to illicit Iranian arms transfers.” UNSC passed Resolution 2118 on 7 September 2013, requiring
The arms that Iran attempted to send to Syria before the Turkish Syria to destroy its current stockpile of chemical weapons. It
authorities seized the shipments included assault rifles, also prohibits Syria from using, developing, stockpiling chemical
explosives, 60mm and 120 mm mortar shells, machine guns, weapons. Syria would be penalized under Chapter VII of the UN
detonators among other items. Recently an arms shipment truck Charter for not fulfilling these terms. The OPCW is overseeing
seized on the Turkish border with Syria led to Turkey announcing this compliance.
an arms embargo on Syria. Trade restrictions (which includes an arms embargo) are also in
Light arms from the United States are also being shipped to force on Syria, these are EU imposed embargoes, which are
"moderate" Syrian rebel factions in the south of the country and directly applicable in UK law.
the Congress has approved funding for further deliveries, in a On 22 February 2014 the UNSC unanimously passed Resolution
secret vote, through the end of government fiscal year 2014, 2139 to ensure access for humanitarian aid in Syria, urging lift of
sieges of populated area and condemning the use of barrel Obama said explicitly for the first time that Assad should resign:
bombs and terrorists acts by Al-Qaeda-linked organizations. "The future of Syria must be determined by its people, but
The UN also launched an emergency appeal for $5 billion to President Bashar al-Assad is standing in their way. For the sake
provide humanitarian aid to victims of the war. of the Syrian people, the time has come for President Assad to
step aside.”
http://www.reuters.com/article/2012/05/17/us-iran-sanctions-un-idUSBRE84F14520120517
http://www.un.org/en/ga/first/
http://origins.osu.edu/article/merchants-death-international-traffic-arms
http://middleeast.about.com/od/syria/tp/Current-Situation-In-Syria.htm
http://www.washingtonpost.com/world/syrian-activists-accuse-government-of-deadly-chemical-attack-near-
damascus/2013/08/21/aea157e6-0a50-11e3-89fe-abb4a5067014_story.html
http://www.reuters.com/article/2012/06/30/us-iran-sanctions-un-idUSBRE85T02Q20120630
http://www.forbes.com/fdc/welcome_mjx.shtml
http://www.un.org/press/en/2014/sc11520.doc.htm
http://www.reuters.com/article/2014/01/27/us-usa-syria-rebels-idUSBREA0Q1S320140127
http://www.bbc.com/news/world-middle-east-29004253
http://www.euronews.com/2013/06/13/all-you-need-to-know-about-the-syrian-conflict/