Topic: Status of Defense Contractors and Non-National Combatants
Country: Czech Republic
Delegate Name: Amanda Mitchell
School: Cranbrook Kingswood
Topic page: background guide and all position papers All Czech Republic position papers GLIMUN 2008 committees
The Czech Republic remains committed to the goal of “preparing legal opinions, studies and advice…on United Nations resolutions and regulations,” as described by the United Nations Office of Legal Affairs (OLA). As such, the Czech Republic is prepared to clarify uncertainty regarding the United Nations Mercenary Convention, Article 47 of Protocol Additional to the conventions of 12 August 1949, Protocol I and Protocol Additional Geneva Convention 1977.
The Czech Republic recognizes a lack of legal regulation regarding the status of illegal enemy combatants, mercenaries, Private Military Combatants (PMCs) and captured contractors.
The Czech Republic believes that in order to more clearly define an “illegal enemy combatant,” especially in relation to a mercenary, a strict and precise definition for “party to the conflict” must be established. The Czech Republic urges this body to define when a nation is or is not a “party to the conflict.”
Under the Third Geneva Convention of 1949 “members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a party to the conflict” are entitled to the right to prisoner of war status. However, there is no clear a legal course of action regarding when and if a shift in military power revokes a nation’s status as “party to the conflict.” Consequently, it is currently unclear whether a member of a former “party to the conflict” can now legally be considered a mercenary.
The Czech Republic stresses the importance of firm regulation of PMCs to prevent unauthorized persons from performing military duties.
As a member of the National Atlantic Treaty Organization (NATO) and The Organization for Security and Cooperation in Europe (OSCE) the Czech Republic is committed to a respectful partnership with the international community. The Czech Republic emphasizes our commitment to the establishment of clear, precise, and decisive regulation of defense contractors and non-national combatants.
