Malta support for international rules on private military contractors in war zones

Malta officially declares participation to the Montreux Document on rules for private military contractors in war zones

A private military contractor as depicted in the film The Hurt Locker
A private military contractor as depicted in the film The Hurt Locker

Malta has officially declared its support for an international agreement on obligations regarding private military and security companies in war zones.

On the 29 September 2020, the Ministry for Foreign and European Affairs officially declared Malta’s participation to the Montreux Document, becoming the 57th supporting state. The due process was undertaken through Malta’s Permanent Representative to the United Nations in Geneva, Chris Grima.

The Montreux Document on Private Military and Security Companies is in itself, the result of an initiative launched by Switzerland and the International Committee of the Red Cross in early 2006.

It highlights the pertinent international legal obligations and good practices for states related to the operation of private military and security companies during armed conflict, as contained in the document which was opened for signature on 17th September 2008.

In Libya, PMSCs and mercenaries continue to operate actively for different parties and militias in the conflict.

Malta continues, at the request of the Libyan government, to assist in the de-mining of areas in Libya. In a joint statement issued by the UNICEF and the Libyan government in June 2020, grave concern was expressed over reports regarding the killing of civilians in Tripoli by land mines.

The main objective of the Montreaux Document is the promotion and respect for International Humanitarian Law and Human Rights law whenever private military and security companies are present in armed conflicts. It contains some 70 recommendations derived from good state practice.  

“Among these, one finds the recommendations to verify the track record of companies, the examination of the procedures used to vet their staff, as well as the recommendation for states to take concrete measures to ensure that the personnel of private military and security companies (PMSC) can be prosecuted when serious breaches of the law occur,” the foreign ministry said.

PMSCs have been booming since the end of the Cold War and continue to be used on an extensive scale in conflicts in Iraq, Afghanistan, Syria and Libya amongst others. “One of the biggest PMSCs, that offers a broad range of security services reported a total revenue of €3.7 billion for 2018,” the government said.