Source · Select Committees · Foreign Affairs Committee

Recommendation 37

37 Accepted in Part Paragraph: 88

Set out steps to strengthen international legal framework governing PMCs and accountability.

Recommendation
In its response, the Government should set out the steps that it will take to strengthen the international legal framework governing PMCs’ activities, drawing on the UK’s deep legal expertise. Its response should address the following aspects: (Paragraph 88) 58 Guns for gold: the Wagner Network exposed (i) how the UK will take steps to move forward the debates around the definition of ‘mercenaries’ and PMCs; (ii) how the UK will work to improve the accountability of Wagner fighters in more countries; (iii) how the UK will promote greater accountability and responsibility of states where PMCs are headquartered, if PMCs engage in destabilising activities. To address the first point (i), the Government should revisit its position on the UN Mercenaries Convention and ratify it, or else propose specific revisions that would make ratification acceptable. The Government could also participate actively in ongoing international debates around a draft convention on private military and security companies (PMSCs). The Government may be able to address the second point (ii), by drawing lessons from work to bolster accountability of Wagner fighters in Ukraine.
Government Response Summary
The government partially accepts the recommendation, agreeing on the need for clarification on definitions and actively participating in UN discussions to develop a workable framework, though rejecting the UN Mercenaries Convention in its current form. It fully agrees on improving accountability for Wagner fighters, supporting ICC investigations with £2.5 million funding, and promoting state accountability through continued engagement with the Montreux Document and IGWG discussions.
Paragraph Reference: 88
Government Response Accepted in Part
HM Government Accepted in Part
Partially agree. (i) The UK supports the need for clarification on definitions of mercenaries and PMCs. The UN Convention on Mercenaries in its current form is unlikely to provide a workable basis for regulation under UK law. The UK participated actively in discussions at the 4th session of the UN Intergovernmental Working Group (IGWG) on PMSCs (April 2023), proposing new language. We are committed to seeking a framework that supports a well-regulated PMSC industry and will continue to engage actively to create an instrument that differentiates responsible PMSCs from malign actors. Agree. (ii) We agree on the importance of holding Wagner to account for its actions. The International Criminal Court (ICC) has authority to investigate situations where Wagner is present (including Mali, Central African Republic, and Ukraine). The UK supports the ICC and its efforts to strengthen accountability for Wagner fighters in Ukraine, including through the Atrocity Crimes Advisory (ACA) Group, which has provided £2.5 million to support domestic investigations. We will continue to support work to prosecute individuals for atrocity crimes in Ukraine, including Wagner fighters. The UK has consistently called out the Wagner group’s actions in UN Security Council and Human Rights Council statements. (iii) We agree that it is important to promote the accountability and responsibility of states where PMSCs are headquartered. The UK fully supports the Montreux Document and encourages all states to support it as a means of raising industry standards. Russia is not a signatory. This is an important initiative for the UK to pursue, as broadening international consensus will further isolate Russia by clarifying why its uses of proxy PMSCs are undesirable. We will continue to engage in discussions on the draft regulatory framework at the IGWG on PMSCs.