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Implementation

The need for a more effective and full implementation of the legal obligations and good practices contained in the Montreux Document at the domestic level was highlighted during the Montreux+5 Conference. The main challenges identified during the Conference, included:

Determination of services

To ensure respect for IHL and international human rights law it is essential that states enact laws that clearly determine which services may or may not be performed by PMSCs. Laws should delineate among risk management, training and advisory functions and those activities that may lead PMSCs to become involved in direct participation in hostilities.

Extraterritorial applicability of legislation

The multinational nature of PMSCs contributes to challenges for national legislation. States whose domestic law prohibits their nationals from working for PMSCs abroad have pointed out difficulties in ensuring that other states and companies respect their laws. Further cooperation and discussion is needed in this regard.

Licensing and authorisation systems

Ensuring that existing licensing and authorisation systems are able to effectively perform their tasks is also a way for states to ensure respect for the Montreux Document. Sufficient resources are essential for these agencies to perform their work, which may involve screening of past conduct, compliance with relevant regulations, licensing with regard to weapons and assessing adequate training. It is expected that the MDF will play a role in supporting MD participants with the effective implementation of the legal obligations and good practices.