During the Second UN Session of the Intergovernmental Working Group of the Human Rights Council for the possible regulation of the Private Military Security Companies sector, which started on August 13th of 2012 in Geneva, several issues and concerns has been arisen both by the states and by the civil society organizations. The international coalition for the control of PMSCs has been there and has taken in each topic’s discussion explaining and presenting our position, findings and recommendations.

Above all, it has emerged the need to elaborate common and effective mechanisms of oversight and control of PMSCs. In that sense, the accountability question was discussed: a comprehensive and powerful intervention was made by Mrs Patricia Feeney, the Director of the Organization Rights and Accountability in Development, which presented several cases of human rights violations and abuses committed by PMSCs, mainly in Africa. Mrs Feeney underlined the lack of a mechanism of reparation for the victims of such abuses.

During the session states reaffirmed their wills to reinforce and expand soft-law mechanisms such as the Montreux Document and the International Code of Conduct (ICOC), to go in depth in the discussion of the control PMSCs and renovate the mandate of the Working Group. Moreover, UK and US advocated to reinforce the national legislation and to rely more on the ICOC. Several states affirmed that the Draft Convention “could not be seen a panacea, and it has not to be considered as the only effective instruments”. However, it emerged the will to go in depth to the discussion for find a more comprehensive legal; framework for guaranteeing the best protection of Human Rights Law and international Humanitarian law.

Another bloc of countries such us China, Russia Federation, Egypt, South Africa and Venezuela, amongst others, considered that due to the transnational phenomenon of PMSCs and that he core of their services is the use of force, a international binding document should be discussed and eventually approved.

The international coalition in its conclusive intervention affirmed our support to any kind of binding legal instruments which provides common oversight mechanism, accountability mechanism, licensing mechanisms and a more effective mechanism for reparation of the victims. Supporting any kind of binding legal instruments which were able to guarantees the most effective protection to the civilians and the respect of Human Rights Law and International Humanitarian Law. In this framework, the Spanish and Italian delegation of the campaign “Control PMSC” have demostrated with concrete examples from Iraq the immunity of PMSC from 2003 to 2009 and the lack of remedy for victims of PMSC’s human rigths abuses.