Abstract

Procurement decisions and policies have the potential to play a significant role in the regulation of private military and security companies (PMSCs). This is highlighted in the Montreux Document which points to the international legal responsibilities of contracting states for ensuring that their suppliers respect international humanitarian law and to take ‘measures to prevent, investigate and provide effective remedies for relevant misconduct of PMSCs and their personnel’ (Montreux Document 2009: 11; see also De Winter-Schmitt 2013). The Montreux Document further includes an extensive list of 23 recommendations for contracting states, outlining in detail good practices regarding the selection, contracting and monitoring of PMSCs. Procurement decisions and practices are also critical for the effectiveness of industry self-regulation and certification schemes such as the International Code of Conduct for Private Security Service Providers (ICoC) or the management standards for Private Security Companies developed by the American National Standards Institute (ANSI) and ASIS, a US-based security industry organization. Only if the consumers of private military and security services preferentially contract certified PMSCs, will companies have a financial incentive to sign up to these schemes. Finally, the procurement policies of leading states and international organizations can set international examples of best practice, thus promoting professional standards in the absence of a global agreement on a binding regulation of the industry.