THE INTERNATIONAL CODE OF CONDUCT FOR

PRIVATE SECURITY PROVIDERS (ICOC)

Hosted by: The International Stability Operations Association (ISOA)

www.stability-operations.org

Presented by:

Mark DeWitt (Triple Canopy, Inc.)

Industry Representative to the ICoC

Temporary Steering Committee (TSC)

Briefing and Discussion Regarding the

Draft Charter for the Oversight Mechanism

WHAT ARE WE TALKING

ABOUT?

Two subjects for discussion today:

International Code of Conduct for Private Security Providers (ICoC)

307 Signatory Companies from 51 countries around the world (and growing)

ASIS development of ANSI standard for private security

Some important acronyms:

ICoC: International Code of Conduct for Private Security Providers

PSC : Private Security Company

Signatory Company or “SigCo”: PSC that has signed the ICoC

IGOM: Independent Governance & Oversight Mechanism for the ICoC

TSC: Temporary Steering Committee, the interim Board for the ICoC

WHERE IT ALL STARTED . . .

Montreux Document

2005: Government of Switzerland releases report on PSCs, launches

international initiative

2006-2008: International Committee of the Red Cross (ICRC) and the

Government of Switzerland hold governmental meetings to discuss the

obligations of States in regard to private security

2008: Creation of the “Montreux Document” to set forth those obligations, as

well as some best practices

Sept 17, 2008: 17 States sign the Montreux Document

At present: 36 States are signatories

WHERE IT ALL STARTED . . .

1. Afghanistan

2. Angola

3. Australia

4. Austria

5. Canada

6. China

7. France

8. Germany

9. Iraq

10. Poland

11. Sierra Leone

12. South Africa

13. Sweden

14. Switzerland

15. United Kingdom

16. Ukraine

17. United States of America

18. Macedonia (3 February 2009)

19. Ecuador (12 February 2009)

20. Albania (17 February 2009)

21. Netherlands (20 February 2009)

22. Bosnia and Herzegowina (9 March 2009)

23. Greece (13 March 2009)

24. Portugal (27 March 2009)

25. Chile (06 Avril 2009)

26. Uruguay (22 Avril 2009)

27. Liechtenstein (27 Avril 2009)

28. Qatar (30 Avril 2009)

29. Jordan (18 May 2009)

30. Spain (20 May 2009)

31. Italy (15 June 2009)

32. Uganda (23.07.2009)

33. Cyprus (29.09.2009)

34. Georgia (22.10.2009)

35. Denmark (09.08.2010)

36. Hungary (01.02.2011)

Montreux Signatory States

WHERE IT WENT FROM THERE

Nyon Declaration

June 2009 Mindful of the Montreux Document which focused on the obligations of states in

situations of armed conflict, and following discussions at the Nyon conference, the industry representatives now present at the conference consider it time to pursue and develop an international code of conduct for the companies themselves in all situations.

Following a collective process involving pertinent stakeholders, we have achieved a broad consensus that an international code of conduct must be compliant with Human Rights and IHL. Further, there is a clear necessity for effective oversight, accountability and operational standards in such a code.

Together with their involved partners, the Swiss government has played a crucial role in ensuring this process is inclusive, valid and dynamic. We see this process as an opportunity to enhance our ability to address broader stakeholder concerns and to serve all our clients, government and otherwise, in a transparent, professional and ethical manner.

WRITING & SIGNING THE ICOC

Overview of the development of the ICoC Facilitated by the Swiss Government

With the Geneva Centre for Democratic Control of Armed Forces (DCAF)

Intended to apply to “Complex Environments”

Core stakeholder groups: Industry, Civil Society, Governments Civil Society includes NGOs, academics, human rights organizations, etc.

Involved stakeholder groups: Clients, Insurance, Law

Drafting commenced in 2009, ended in September 2010

Signing ceremony in November 2010 58 companies from around the world signed the ICoC

Address given by Harold Koh, Legal Advisor of the U.S. Dept. of State

Post-signing expansion Currently up to 166 Signatory Companies (soon to expand up to 200+)

Transitioning to an independent governing body

WRITING & SIGNING THE ICOC

Signing Ceremony

November 9, 2010

Geneva, Switzerland

WRITING & SIGNING THE ICOC

Signing Ceremony

WRITING & SIGNING THE ICOC

Africa 22 13.25%

Asia 18 10.84%

Australasia 1 0.60%

Europe 92 55.42%

North America 28 16.87%

Latin America & Caribbean 5 3.01%

Total 166

As of Sept 2011

Demographics of the 166 Signatory Companies *

* Signatory Companies come from 42 different countries

WRITING & SIGNING THE ICOC

UPDATE:

As of September 2011: 166 Signatory Companies

As of Jan 2012: 266 Signatory Companies

As of March 2012: 307 Signatory Companies

MAJOR GEOGRAPHIC AREAS:

UK: 117

US: 39

Africa: 28

Iraq: 3

Afghanistan: 2

SUBSTANCE OF THE ICOC

Basic Structure

Two components of ICoC:

Specific Principles Regarding the Conduct of Personnel

Specific Commitments Regarding Management and Governance

Principles Identified in ICoC

Standards Derived

from ICoC

ICoC Commitments

of PSCs

ICoC Section 5:

“The purpose of this

Code is to set forth a

commonly-agreed set

of principles for

PSCs and to establish

a foundation to

translate those

principles into related

standards as well as

governance and

oversight

mechanisms.”

SUBSTANCE OF THE ICOC

Implementation of Commitments –

ICoC created a means for moving to implementation: Temporary

Steering Committee (TSC)

Interim Board for ICoC initiative

9 official members plus a number of “ad hoc” participants, split evenly between

Industry, Civil Society and States

Tasked with developing an Independent Governance & Oversight Mechanism

(IGOM)

Composition of TSC

Industry: Triple Canopy (U.S.), Aegis (U.K.), Saracen (Africa), G4S (At-Large)

Civil Society: Human Rights First, Human Rights Watch, University of Zurich

(former ICRC member)

States: United States (DoD/DoS), United Kingdom, Australia

TSC EFFORTS

TSC tasked with creation of the IGOM

TSC developing a Charter and Operational Plan for the IGOM

What type of entity will IGOM be?

Where will it reside and operate?

What staff will it use to perform functions?

How will it be funded?

IGOM will have 3 overarching functions

Caretaker/administrator of the ICoC

Responsible for “certifying” and assessing compliance to the ICoC

Responsible for administering an IGOM-level grievance mechanism

TSC EFFORTS

Brief Overview of Major Functions

Certification of Private Security Providers To a standard developed from the ICoC

ASIS standard, IGOM standard

Performance Assessments Remote as well as in the field

Are the companies practices translating to results in the field?

Feedback cycle to adjust, improve, react, etc.

Third Party Complaints Act as a receiver for third party complaints

Refer the complainants to the company’s grievance mechanism or other resources

Offer voluntary dispute resolution services (e.g., mediation)

TSC EFFORTS

The End State:

ICoC

“COMPLIANCE”

Demonstrated Adherence to Code-Derived

Standards

Demonstrated Commitment to

Code-Based Principles

THE BRIDGE TO ASIS

ICoC contemplates “standards derived from” the ICoC

Original intent had been to make the ICoC the actual standards

Ultimately not achievable due to the desired mixture of principles and standards

Specifically broke out standards and referred to later development

Does not prescribe what the standards will be or who will develop them, only that they must be

consistent with the ICoC

Approved external standards may become part of the ICoC certification process

DoD proponent of standards (along with industry)

2011 NDAA required DoD to determine feasibility/application of PSC third party certification

DoD working with ASIS to develop a standard

Standard reflects the Montreux Document and ICoC, as well as other applicable laws and

requirements

ASIS-developed standard may become the international standard for the ICoC

THE PATH AHEAD

Industry’s Preferred Path:

TSC agrees to the structure of the IGOM [in progress]

ASIS develops a PSC standard [complete]

IGOM adopts PSC standard for certification

Certifying bodies are approved to audit to the PSC standard

SigCos achieve certification, become “Member Companies”

IGOM receives certifications, administers additional functions

Monitoring, third party complaints assistance, etc.

Questions?