This book, edited by Professor Helena Torroja, grew out of her ongoing
commitment to the mandate of the Working Group on the use of mercenaries
(OHCHR), with which she has actively collaborated since shortly after its creation
by the Human Rights Commission in 2005 (Res. 2005/2).
The Working Group has benefited from her expertise with various activities
carried out in fulfillment of our mandate, according to which we are to monitor
mercenaries in all their manifestations and study mercenary-related trends and
activities in different parts of the world and their impact on human rights,
particularly on the right of peoples to self-determination. The collaboration
has primarily focused on the part of the mandate concerning the impact of the
activities of private military and security companies (PMSCs) on these rights
and the regulatory frameworks governing such companies around the world,
including their gaps, shortcomings, and good practices.
The present book was undertaken at the initiative of Professor Torroja in
response to the growing concern of the international community over the threat
posed by the criminal activities of mercenaries to peace and security in developing
countries, particularly in conflict zones. It likewise aims to address concerns
over the role played by PMSCs, which have diversified their activities from the
provision of military assistance, consultancy, and security services to other areas
in which they also affect the enjoyment of human rights and are rarely held
accountable for human rights violations.
The work of the experts invited to participate, all of whom have extensive
experience in the study of these phenomena, reflects the urgent need to make
effective progress on the strengthening of the international legal framework
for both phenomena at a time when, as recognized by the Human Rights
Council in its Resolution on the Working Group, “armed conflicts, terrorism,
arms trafficking and covert operations by third Powers encourage, inter alia, the
demand for mercenaries and for private military and security companies on the
global market” (Res. 33/4 de 2016).
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