A/HRC/RES/42/9
bring to trial those found responsible or to consider their extradition, if so requested, in
accordance with national law and applicable bilateral or international treaties;
11.
Recognizes that mercenary activity is a complex crime in which criminal
responsibility falls upon those who have recruited, employed, trained and financed the
mercenary or mercenaries, and upon those who have planned and ordered their criminal
activity;
12.
Condemns any form of impunity granted to perpetrators of mercenary activities
and to those responsible for the use, recruitment, financing and training of mercenaries, and
urges all States, in accordance with their obligations under international law, to bring them,
without distinction, to justice;
13.
Calls upon the international community and all States, in accordance with their
obligations under international law, to cooperate with and assist the judicial prosecution of
those accused of mercenary activities in transparent, open and fair trials;
14.
Acknowledges with appreciation the work and contributions of the Working
Group, including its research activities, and takes note of its most recent report;1
15.
Requests the Working Group and other experts to broaden their active
participation, including by submitting contributions, in other subsidiary bodies of the Human
Rights Council considering issues related to the use of mercenaries and mercenary-related
activities in all their forms and manifestations, including private military and security
companies;
16.
Requests the Working Group to continue the work already carried out by
previous mandate holders on the strengthening of the international legal framework for the
prevention and sanction of the recruitment, use, financing and training of mercenaries, taking
into account the proposal for a new legal definition of the term “mercenary” drafted by the
Special Rapporteur on the use of mercenaries as a means of violating human rights and
impeding the exercise of the right of peoples to self-determination in his report submitted to
the Commission on Human Rights at its sixtieth session,2 and also the evolving phenomenon
of mercenaries and its related forms;
17.
Also requests in this regard the Working Group to continue to monitor
mercenaries and mercenary-related activities in all their forms and manifestations in different
parts of the world, including instances of protection provided by Governments to individuals
involved in mercenary activities, and to continue to update the database of individuals
convicted of mercenary activities;
18.
Further requests the Working Group to continue to study and identify new
sources and causes, emerging issues, manifestations and trends with regard to mercenaries
and mercenary-related activities and their impact on human rights, particularly on the right
of peoples to self-determination, and to consult in this regard with Member States and
regional and international organizations, academia, civil society, as well as with other
relevant stakeholders;
19.
Renews for a period of three years the mandate of the Working Group on the
use of mercenaries as a means of violating human rights and impeding the exercise of the
right of peoples to self-determination for it to continue to undertake the tasks described by
the Human Rights Council in its resolution 7/21 of 28 March 2008 and in all other relevant
resolutions on the subject;
20.
Urges all States to cooperate fully with the Working Group in the fulfilment
of its mandate;
21.
Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Working Group with all the assistance and support necessary
for the fulfilment of its mandate, both professional and financial, including by promoting
cooperation between the Working Group and other components of the United Nations system
1
2
A/HRC/42/42.
E/CN.4/2004/15.
3