The Montreux Document on Private Military and Security Companies

Overview

The Montreux Document is intended to promote respect for international humanitarian law and human rights law whenever private military and security companies are present in armed conflicts, and is the result of an international process launched by the Government of Switzerland and the ICRC. It is not legally binding as such but, rather, contains a compilation of relevant international legal obligations and good practices. Each State is responsible for complying with the obligations it has undertaken pursuant to international agreements to which it is a party, subject to any reservations, understandings and declarations made, and to customary international law. The document creates obligations for the following groups:

• Contracting States;
• Territorial States;
• Home States;
• all other states; and
• PMSCs and their personnel.

For the purpose of this document:

• “PMSCs” are private business entities that provide military and/or security services, irrespective of how they describe themselves. Military and security services include, in particular, armed guarding and protection of persons and objects, such as convoys, buildings and other places; maintenance and operation of weapons systems; prisoner detention; and advice to or training of local forces and security personnel.
• “Personnel of a PMSC” are persons employed by, through direct hire or under a contract with, a PMSC, including its employees and managers.
• “Contracting States” are States that directly contract for the services of PMSCs, including, as appropriate, where such a PMSC subcontracts with another PMSC.
• “Territorial States” are States on whose territory PMSCs operate.
• “Home States” are States of nationality of a PMSC, i.e. where a PMSC is registered or incorporated; if the State where the PMSC is incorporated is not the one where it has its principal place of management, then the State where the PMSC has its principal place of management is the “Home State”.