org/nations-a-states/private-military-a-security-companies/50489-recommendations-for-overseeing-government-contractors.html?itemid=1455 Establishes the standard definition of the term “mercenary” as the definition provided by the Protocol Additional GS 1977, an amendment to the Geneva Conventions, as one who: shall not have the right to be a combatant or a prisoner of war;is recruited either abroad or locally to fight in an armed conflict;May or may not take a direct part in the hostilities;is motivated to take part in the hostilities essentially by the desire for private gain and is promised on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;is not a member of the armed forces of a Party to the conflict; Did not receive training from the a Party to the conflict;has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces, and;Meets all of the criteria above, adhering to the Geneva Convention.Redefines Private Military/Security Companies, or PMSC’s, as private business that:Provides military and/or security services such as the:Provision of protection and other armed guards for buildings and other places, convoys, and other persons and objectsMaintains and operate certain weapon systemsAdvises security personnel and/or local forcesMay not be targeted by other organized armed groups and are protected against attack unless they are a direct part of the hostilities, in which case they:Lose any protection from attack during this participationCan be tried for participating in hostilities if captured as a prisoner of warMust respect the outlines of international humanitarian law and are responsible for any violations of said law that they commit, regardless of who they are hired byHave obtained a license under the stipulations outlined by ClauseRecommends the implementation of a licensing/regulatory system that:Aims to serve as a more formidable version of the Montreux Document, and takes the form of a binding treatyDetermines which services may or may not be carried out by PMSC’s or their personnel Would contribute to strengthening human rights and international humanitarian law in weaker states and make known their efforts to gain goodwillAllow PMSC’s to more easily avoid those costs which may be associated with uncertainty regarding their dutieswould establish a conducive environment in nation states that would protect and respect international humanitarian law and human rights promote economic growth and efficiency by stabilizing regions for potential investorsFollows the commercial benefits of PMSC’s as stated by the UN High Commissioner for Human RightsEstablishes the standard definition of the term “lawful combatant” as the definition provided by the 1949 Geneva Conventions Article V, as one who:Is a member of the armed forces of a Party to the conflict where armed forces is defined as professional defense forces, volunteer forces, militias, and recognized resistance movementOpenly carries weaponry and distinguishes self from the civilian population Establishes three classes of combatants with divided under the categories of:Lawful Combatants who:Are defined by Clause 2 Are protected under all stipulations of the Geneva Conventions Maintains the Third Geneva Convention (GC III) by approving the notion that captured soldiers must be treated as lawful combatant with prisoner-of-war status as:One who is protected with this status until tried with a fair tribunal that decides whether or not the soldier is a mercenary according to rulesRecommends the use of body cameras on all field operation employees operating under the employment of private military security company in combat zones for the during all time when they are functioning in a combat zone so that:Consistent monitoring of adherence to International Humanitarian Law is possible for entire duration of time in which the employee is operating in potentially volatile high risk environment or in otherwise deregulated combat zonesPlaces it the responsibility of the commanding field officer to ensure proper usage of body camerasThe revocation of a pmsc’s operational field license is the penalty if a lack of video data from said body can not be produced for an authorized courtAny court granted jurisdiction by a recognized national government can demand such dataFailure to use the body Camera’s will be a deemed a voilation of humanitarian rights and a potential infraction of international law and will be prosecuted as suchRecommends better monitoring and regulation of all ammunition and weapons used by employees of PMSCs via Radioactive RFID tag spiking in all gunpowder which:Is necessary to redress current lapses in tracking mechanisms which are ineffective due to: GPS based tracking infrastructure that is circumvented or ignored by both government and corporations alike from both the selling and purchasing endsLack of accessibility to monitor tracking information by illiterate local law enforcement personnelWill be used in all standardized light arms weapon systems utilized by PMSC employees or contractors when operating in the field in an effort to complete or in anyway aid in the completion of a monetary contract issued by a Government, a private corporation, paramilitary force, pseudo government revolutionary force, or any other recognized party to a conflict Will allow for an immediate reduction of weapons smuggling and black market weapons dealing and create a bilateral reduction in both:Weapons sold and smuggled by employees of private military organizations to criminal or otherwise unauthorized personnel or organizations which is especially dangerous in unstable and volatile where these companies often operateWeapons bought by PMSC organizations creating a revenue stream from criminal organization engaged in arms dealingEnsures the protection and security of military class weaponry and prevents their free floating in dangerous unregulated marketsWill complement but not replace serial number tracking as well homing chips and other tracking mechanisms currently chosen by the PMSC and the employing entityAll monitoring information and forms will be made more accessible to illiterate populations via explanatory auditory packages included in essential police training provided in PMSC incursion of locale infrastructure and training of local security capacitiesReaffirm international arms standards and ensure compensationRecommends an envoy of translators in all field operation and extensive basic language training to be provided all contractors so that:A ratio of certified translators to operatives is maintained so:1 Certified translator is maintained for every 4 operatives in mobile contracting operations that include transport convoy and other security services that include movement beyond a base or stationary point and have an increased risk of escalating conflict1 certified translator is maintained for every 7 operatives in static contracting operation such as entrance monitoring where no movement in conflict zones is required and operations are generally restricted to base 1 Certified translator for 10 operatives in an unarmed contracting operations consisting of kitchen, janitorial or other clerical work in which the PMSC employees are unarmed1 Certified translator for every 3 operatives in Security training or consulting operations and interrogatory or detainment assistanceAny combat decision or detainment for a period greater than 96 hour or 4 days must be reviewed by two seperate translatorsTranslational capacity in all local dialects must be available before undertaking an operation, if there is a lack of translational capacity then the operation must be halted until such capacity is available except in the scenario that doing so would endanger the success of time sensitive operation in which case the operation may proceed but any shortcomings will be held against the commanding officer and absolute care must be ensuredTransparencyAccountabilityUN use of PMSCs stanceStrongly Urges better hiring practices that focus on ethical hiring when sourcing militaristic labor from high conflict locales Proof of work to get paidFreedom of information system”Name and shame” campaign against violators of IHL DronesProblems: who may be targeted, accountability, legal and policy implications of who conducts targeting, more civilian causualty bc bad desicion making capacityThe Disarmament and International Security Committee,Approves the institution of a rigorous program called the 2×2, which will hopefully create a internationally standard transparent entrance to the international UAV market; Prior to the initiation of application, the previous history of IHL and current drone technologies of applying countries will be inspected and will meet standards outlined by the International Civil Aviation Organization;Consisting of experts that come from a variety ofi. Inspection teams shall be comprised of internationally diverse experts,ii. If and when applicant nations choose to construct and begin operating new nuclear reactors orfacilities.
Said facilities will need to comply with the two years of the 2×2 program before nuclearmaterials are allowed to enter the new facilities;b. Both years one and two of the 2×2 program shall pass with applicant states’ compliance to frequent andrandom inspection of facilities, before they shall be allowed to formally and commercially enter the worldmarket of nuclear material;c. With the conclusion of year II, applicant nations shall be allowed, under IAEA supervision, to enter theinternational nuclear market, legally;d.
After years III and IV of junior membership to the nuclear market, nations will be granted full commercialaccess to the nuclear market,i. Understanding that states will be subject to random inspection of facilities, transportation methodsand general security at high risk checkpoints throughout the nuclear cycle;Defines a Drone as a vehicle which is split up into two general subcategories:Unmanned aerial vehicles, which are a specific type of robot that is piloted by a remote control or onboard computersUnmanned combat aerial vehicles, which are armed drones that carry missiles which are sometimes used for drone strikesCalls for an internationally rigorous standards system of drone strikes, otherwise known as the “6,” in which drone strikes must meet the following criteria:Domestic law, in which the drone strike must adhere by the laws of that state which is being attacked by the drone strikeMilitary necessity, in which the locations/persons being targeted must attain: High and definite military valuepotential benefits that outweigh the costs which would come with capture and suffering of those who are being attacked under the drone strikeProportionality, in which the strike must have:A greater than 90% chance that the target is accurately identified and that those innocent civilians surrounding the targeted area will not be harmed or collateral damage is minimizedDistinction, in which the strike must be a verified and real military targetNecessity, in which the proposed strike must represent a threat to said country who is carrying out drone strikes and its interestsSovereignty, in which international legal restraints on unilateral action at those territories in foreign, sovereign countries must be respectedEncourages the improvement of national reporting and backs resolution 1540 and the ATT, along with the UNGA’s encouragement of states to provide information to the UNROCA to:Keep track of the production, import, and export of armamentsIncentivize states to review their national guidelines for drones and improve upon them to facilitate compliance within their lawsRequest states to provide data to related to UAV development to the UNROCA, including:Drone imports and exportsDrone holdingsDrone usage and implementationClosely monitor armed UAV’s and their accountabilities and transparency, which will:Build upon the foundations of previous existing mechanisms to establish:Legal review to promote a higher standardization of armed UAV purposes and methods of intended useConfidence-building measures to exchange information between countries, including:Military personnel and operationsinvestigation and cooperation between statesAllow for greater information sharing on armed UAV’s to improve the following areas:National armed UAV policies, in which states can share information applying to information on:National lawsGovernmental perspectivesLegal frameworkAccountability mechanisms, in which states can make available the following information regarding procedures of:Determination of targetsInvestigation of violations of IHL and other lawsMaintenance of armed UAVsArmed UAV strike information, including:Portfolios on the weapon systems which are usedReports on the consequences of each drone strike, includingCivilian casualtiesEnemy casualtiesDamagePossible reparationsLocation of strikeIntended targetCriteria that is used to authorize the strikeEncourages the utilization of UAVs, despite humanitarian concerns, to take advantage of the unmatched aerial surveillance standards and capabilities in situations pertaining to:Public safety measures to assist:PoliceFirefightersDomestic fireswildfiresFirst respondersCounterterrorismCrisis onset and deterrenceNatural disastersGeologic and Earth-made disasters, in precedence with the:2011 earthquake and tsunami of Japan and the aftermath of the Fukushima Nuclear Plant2010 floods of the REd River in Central USAHuman disasters, such as theUniversity of Alaska’s UAV that aids oil spill cleanup effortsSearch and rescue missionsEnvironmental protectionAgricultural advanced efficiencyCases under extremely hazardous conditions, such as:DarknessExtreme temperatureRadiationMaintains that transparency and accountability must be taken seriously in international matters, in whichStates must remain legally and politically held accountable for their use of armed drones and other robotic weapons system, includingThose actions stemming from the conduct of persons or other entities acting on their behalf or authorizationGovernment officialsArmed and police forcesIntelligence agenciesAll operations, regardless of where they take place or where their effects materializeInternational legal responsibility also shared between states that abet the unlawful conduct of another state as long as:The assisting state is completely unaware of the unlawful actions and purposes of the assisted State’s strikesProvided clause 2.b.i is true, the assisting state intends to and facilitates that particular conductForce majeure as an excuse to evade responsibility and accountability for humanitarian rights violations is neglectful and inexcusable, and:does not prevent said country from undergoing full repercussions for their actionsInvestigations into resulting deaths, injuries, and destruction directly caused by drone strikes are:Thoroughly, exhaustively, impartially, and independently investigated by both public and private scrutiny as well as states involvedInterpret the right to life in armed conflict with lex specialis of international humanitarian lawif drone attacks are found to be in violation of international humanitarian law, the state which is responsible must provide reparation to the attacked state which:Takes several factors into account when deciding the reparation, including:Seriousness of the violationAttacking state’s past history with:Repeated drone strikesInstability of said stateFinancial capabilityAllows attacking state and attacked state to negotiate a treaty and acceptable compensation, whether financial or other, under the supervision of the ICC, ICJ, and the International Human Rights BodiesAllows for all judicial agreements and compensation to be overseen by three main bodies, including:The International Criminal Court, which will have the added responsibilities of:Examining allegations of war crimes and crimes of robotic weaponsAddressing questions of criminal responsibilityThe International Court of Justice, which willExamine disputes between states if and only if they both agree to fall under the jurisdiction of the courtExamine cases that deal with armed robots and their subsequent consequencesInternational Human Rights BodiesAddress cases of victims of armed drone attacks who demand recompensationDetermine violations of international humanitarian law and the right to lifeRecommend that governments adopt the ENSURE plan, which will ensure effective and independent oversight over national policies and practices without their own compromising of national securityStrongly recommends the development of a more robust and strengthened intergovernmental policy dialogue, INFOE, to focus on International legal standards that oversee the use of operational unmanned weapons systemsNourishing a broader international consensus with the establishment of technical expert meetings between States in the form of a binding international agreement that:Restricts drone developmentServes as a solely non-binding code of conductFormal legal constraints and ethical reservations which deal with future use of dronesOperating through transparent and inclusive manners that involve all statesExpertise of industries which are related to the topic, includingMultinational institutionsacademiaCivil society organizationsAdvocates for the collaboration of countries in current drone research which will focus on drones that may become a reality within several years, such as the Long-range high-speed combat drones, which is an in-the-loop, jet-propelled combat drone that would enable greater militaristic capabilities of precise and rapid targeting from distances that can pass over entire continentsMicro-Surveillance and Combat drones, which have the capacities to fly outdoor and indoor reconnaissance missionsAircraft carrier-based combat drones, which will ameliorate the problems of autonomous launching and landing on aircraft carriersMandates that if autonomous, out-of-the-loop drones are to be developed in the future, drones have the capacity to:be equipped with highly discriminatory and precise vision and sensing systems which can find targets accurately based on little informationReceive situational awareness, which would enable it to:Utilize independent reasoning to make appropriate conclusions based off of applicable law, mission goals, and humanitarian lawEvaluate complex, volatile, high risk situations with changing circumstancesRequire the direct involvement of a human controller, this making the system “human-on-the-loop,” and assumes the human responsible for any humanitarian/militaristic crimes committedStrongly advocates the use of humanitarian rights law to be applied at all times, including situations of armed conflict, to: Unjustify the claims of some nations which disregard some of the wide margins that are perpetuated by human rights treaties that provide additional leeway for their benefitRecognizes the inherent human right to life as the most important right affected by the utilization of drones under the European Convention, American Convention, and the UN Covenant (ICCPR)Prohibits murder and other extrajudicial killings of person whom are not engaged in military warfare, in accordance with the ICJ and the Nicaragua case of 1986Be based on neither artificial jurisdictional ideas or human rights treaties, but rather on its inherent nature and the Universal Declaration of Human Rights of 1948Recognizes that all persons, mercenary or soldier, who find themselves within the national borders of another state must impartially come under the said state’s jurisdiction in which:Unless the said state, under extreme circumstances, is unable to utilize its authority overLocal self-government arrangementsInternal conflictAlien occupationAny use of force carried out must adhere to international and national human rights law, as stated in clause 5;Resolves to stay actively seized on the matter.