Volker Türk also warned about the lack of coherence in the legal framework, which allows critical gaps to persist in terms of accountability for human rights violations.
In a video message to the experts of this Group, the UN High Commissioner for Human Rights reminded on Monday that the obstacles are even greater when conflicts involve military and private security companies operating across borders, especially in regions where the rule of law is weak or non-existent.
“Every time I meet victims and survivors of human rights violations in conflict situations, I am reminded of how essential it is for them to have access to justice – and how difficult it is,” Mr. Türk said.
Faced with these challenges of accountability in conflict zones, another factor further complicates the situation: the emergence of new technologies used by these private military companies.
“The use of new technologies by these companies raises serious new concerns in terms of human rights and accountability. It also brings new actors into the debate,” Mr. Türk added.
Growing Deployment Without Control
Beyond conflict zones, military and private security companies are deployed in an increasing number of areas, including border and immigration management, law enforcement, humanitarian operations, and protection of critical infrastructure.
In many cases, these companies work for national or even local governments, but without the necessary transparency and oversight, detailed the High Commissioner.
The growing deployment of private military companies in such diverse areas raises significant questions about their regulation and impact.
In a report published last August, the Working Group on the use of mercenaries found that states were more or less regularly concluding bilateral agreements or memorandums of understanding with other states to help them militarily regain control of their territory.
State military and security entities have been paid for carrying out certain tasks, including obtaining permits for the exploitation of natural resources.
Another report by these independent experts in September 2024 expressed “alarming trends” regarding the use and proliferation of small arms in connection with mercenaries, military companies, and private security.
These trends have negative consequences for civilian populations, who are victims of violations of international humanitarian law, including indiscriminate attacks against civilians, as well as various abuses, including arbitrary executions, acts of torture, enforced disappearances, and gender-based sexual violence.
Towards a Regulatory Framework
However, the regulatory landscape remains fragmented, stressed the UN Human Rights chief. While the Montreux Document and the International Code of Conduct for Private Security Service Providers have helped clarify standards, there are still “persistent gaps in ensuring full accountability for violations and abuses.”
According to the High Commissioner, any effective regulatory framework must prioritize three fundamentals. This includes being able to address past and present abuses, and to deal with emerging risks, including digital weapons, artificial intelligence-based weapons, surveillance tools, biometric identification systems, etc.
Any framework must also clarify the obligations of states, the responsibilities of companies, and accountability mechanisms.
But any text must above all focus on victims, their access to justice, and the redress of their suffering.
“It must offer states and other actors means to strengthen their cooperation and clarify the jurisdictional bases allowing victims to bring legal actions,” Mr. Türk emphasized.
