State responsibility for the use of force

1. Each State Party bears civil and criminal responsibility for the use of force under national and international law, whether the use of force occurs within its territory or outside its borders.

2. Each State party bears responsibility for the military and security activities of private entities registered or operating in their jurisdiction, whether or not these entities are contracted by the State.

3. Each State party must ensure that the non-State actors it has contracted are trained in and respect international humanitarian law and human rights norms.

4. No State Party can delegate or outsource fundamental State functions to non-State actors.

5. Each State Party shall take such legislative and other measures as may be necessary to establish:

a) Rules of use of force aimed at ensuring security of the person, society and the State;

b) Authorities and responsibilities of State bodies, organizations and officials which have the right to use coercive and combative measures and/or to carry out special operations in the framework and in the situations under domestic and international law;

c) Procedures for contracting non-State actors such as private military and security companies, other legal entities and individuals, as well as sub-contracting;

d) Licensing procedures for the export of military and security services;

e) Licensing procedures for the import of military and security services;

6. Each State Party, in accordance with its domestic law, shall take legislative and other measures required to introduce full or partial prohibition on the transfer of the right to use force and/or to carry out special operations by non-state actors such as private military companies, private security companies, other legal entities and individuals.

Дата добавления: 2015-07-11