I. Formation of the International Code of Conduct for Private Security Providers (ICoC)

　　The formation of the International Code of Conduct for Private Security Providers (ICoC) has been a long and arduous process, driven by the international community, particularly the United Nations, the International Red Cross and Red Crescent Movement, and various sovereign states. However, it is primarily based on the following understandings:

　　1. International Recognition

　　The international community recognizes that private security companies and other security service providers (hereinafter referred to as "private security companies") play an important role in protecting national and non-national clients by undertaking rescue, repair, and reconstruction tasks or engaging in commercial, diplomatic, and military activities. However, in providing these services, the activities of private security companies may have positive or negative impacts on clients, local residents in the area of operation, overall security situation, human rights, and the rule of law.

　　2. Acceptance by Sovereign States

　　Most countries accept the Montreux Document on Pertinent International Legal Obligations and Good Practices for States Related to Operations of Private Military and Security Companies During Armed Conflict (hereinafter referred to as the "Montreux Document"), which acknowledges that states must adhere to well-established rules of international law in their dealings with private security service providers and defines good practices for private security companies. China was one of the first 17 founding and contracting states of the Montreux Document. Currently, 54 sovereign states have signed it. In addition, more and more international organizations, including the United Nations, the International Red Cross and Red Crescent Movement, NATO, and the OSCE, have signed it. The UN Secretary-General's Special Representative on Human Rights and Transnational Corporations and Other Business Enterprises has drafted an action framework entitled "Protect, Respect, and Remedy" (UNGP), which has been welcomed by the UN Human Rights Council, requiring businesses to exercise due diligence to avoid human rights abuses.

　　3. Adoption by the Security Industry

　　The security industry has adopted the principles applicable to private security companies defined in the Montreux Document and the above-mentioned "Protect, Respect, and Remedy" framework. Private security companies, through signature and commitment, will provide security services responsibly, uphold the rule of law, respect the human rights of all, and protect the interests of clients. They declare their responsibility to respect the human rights of all those affected by their business activities, including employees, clients, suppliers, shareholders, and local residents in the service area, and to assume humanitarian responsibility for these people. They will respect different cultures and individuals encountered during their business activities.

　　Based on the above understandings, a comprehensive set of common international principles for private security companies has been formed, as well as the basis for translating these principles into governance and oversight standards and mechanisms.

　　II. Context and Definition of the International Code of Conduct for Private Security Providers (ICoC)

　　The International Code of Conduct for Private Security Providers (ICoC) standardizes and defines twelve terms, including audit, certification, client, company, competent authority, complex environment, enforcement, monitoring, reporting, security services, and signatory company. Among these, the definitions of three terms are most core, unifying the concepts and scope of the terms under different contexts:

　　1. Complex Environment

　　The ICoC defines "complex environment" as any area experiencing or emerging from instability or disruption due to natural disasters or armed conflict, where the rule of law is severely impaired, and the capacity of state authorities to maintain order is limited, weakened, or non-existent.

　　This precondition of a "complex environment" is crucial; it represents the primary operating environment for international overseas security (offshore services). That is, when the judicial and public security forces of a sovereign state (host country) are weak and unable to effectively provide the security needed by society and the public, the international community allows private security (commercial security) to provide contracted security services. This includes armed security, unarmed security, and all related consulting, assessment, material, and technical support services.

　　2. Private Security Company

　　The ICoC uses the term "private security company" to encompass both private security companies and private security service providers. It refers to all companies that meet the definition stated in this Code and provide security services for themselves or third parties through commercial activities, regardless of how the company designates itself.

　　This definition in the ICoC clearly delineates the boundary between public security forces and private security services; it is a binary classification. That is, services other than those provided by state authorities (mainly the military and police) should be provided through market mechanisms, and the providers of these market services are private security companies. This clearly distinguishes them from public security while integrating various concepts such as private military companies (PMCs) and private security service companies (PSCs). It refers to companies that provide security services for themselves or third parties through commercial activities. Regardless of their name or designation, they are uniformly defined in the ICoC.

　　3. Security Services

　　The ICoC defines security services as: the guarding and protection of personnel and property, such as convoys, facilities, designated areas, buildings, and other locations (whether armed or not), or any other activity requiring company personnel to possess or use weapons in the performance of their duties.

　　This definition expands the scope of security services to include personnel protection, property protection, site guarding, armed escort, and related services such as consulting, design, and route optimization.

　　III. Ten Principles of the International Code of Conduct for Private Security Providers (ICoC)

　　1. Use of Force

　　Force shall only be used when strictly necessary and must be proportionate to the threat and the situation.

　　Interpretation: Security companies operating overseas will be required to ensure that their personnel take all reasonably feasible measures to avoid the use of force. When force is necessary, current laws must be observed. The use of force must never be excessive and must be proportionate to the threat and the situation.

　　1) Exceptions: This does not exclude situations of self-defense, the protection of others from imminent threats of death or serious injury, and the prevention of especially serious crimes that would clearly result in death.

　　2) Formal authorization to participate in law enforcement by the relevant state, and in compliance with all national and international obligations applicable to regular and official law enforcement personnel in that state, or at least with the standards set out in the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

　　2. Detention

　　Detention may only be carried out by companies authorized by the state (authorities), and personnel must have undergone rigorous training in relevant national and international law.

　　Interpretation: Security companies and their personnel operating overseas must not detain, transport, or interrogate detainees, unless 1) the company has been specifically authorized by the relevant state, and 2) the company’s personnel have received training in current national and international law. They must be protected in accordance with current human rights standards and international humanitarian law, in particular prohibiting torture and other cruel, inhuman or degrading punishment or treatment.

　　3 = Arrest

　　Arrest of individuals who perpetrate violence, assault, or crimes against the company, its employees, or other personnel, or against clients or objects under its protection, is only permissible under imminent threat and must comply with national and international law.

　　Interpretation: Security companies and their employees operating overseas must not arrest or detain anyone unless it is in self-defense or to protect other persons from imminent violent threats, or following an attack or crime against company employees, its clients, or buildings under its protection, and such detainees must be handed over to the competent authorities as soon as possible. Any arrest must comply with applicable national and international laws and be reported to the client without delay. Protection must be provided in accordance with applicable human rights standards and international humanitarian law, in particular prohibiting torture and other cruel, inhuman or degrading treatment or punishment.

　　4 = Prohibition of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

　　Such treatment or punishment is strictly prohibited and unacceptable under any circumstances, and such cases must be reported to the competent authorities.

　　Interpretation: Security companies and their employees operating overseas must not inflict torture and other cruel, inhuman or degrading treatment or punishment. For clarity, torture and other cruel, inhuman or degrading treatment or punishment here refers to acts that, if committed by state officials, would constitute torture or other cruel, inhuman or degrading treatment or punishment, when committed by private entities.

　　1) Contractual obligations, superior orders, or special circumstances, such as ongoing or imminent armed conflict, threats to national or international security, internal political instability, or any other public crisis, can never justify the commission of torture or other cruel, inhuman or degrading treatment or punishment;

　　2) Report any known or reasonably suspected acts of torture or any cruel, inhuman or degrading treatment or punishment to the client and at least one of the following entities: the competent authorities of the country where the act was committed, the nationality of the victim, or the nationality of the perpetrator.

　　5 = Prevention of Sexual Exploitation and Abuse, Gender-Based Violence

　　Sexual exploitation and abuse are strictly prohibited and unacceptable under any circumstances, vigilance must be maintained against any violence based on sex or gender, and such cases must be reported to the competent authorities.

　　Interpretation: Security companies and their employees operating overseas must not engage in or permit sexual exploitation (including prostitution) and sexual abuse or gender-based violence and crimes, including rape, sexual harassment, and any other form of assault or gender-based violence, whether within or outside the company. Report to the competent authorities upon discovery of any sexual or gender-based violence.

　　Note: The author participated in the preparation of ICoCA's "Guidelines for Private Security Service Providers on the Prevention and Response to Sexual Exploitation and Abuse (PSEA)" and was responsible for the translation and production of the Chinese version. ICoCA currently has detailed checklists and assessment procedures, including policies and procedures; recruitment, performance evaluation and discipline; training and awareness-raising; operational design and risk assessment; agreements with partners and subcontractors; complaints and investigations of sexual exploitation and abuse; victim assistance, etc.

　　6 = Human Trafficking

　　The recruitment, harboring, transportation, provision, or obtaining of persons for commercial sexual acts, labor, or services through force, fraud, or coercion, especially those under the age of 18, is strictly prohibited and unacceptable under any circumstances, and such cases must be reported to the competent authorities.

　　Interpretation: Security companies and their employees operating overseas must not engage in human trafficking and will maintain vigilance and report any cases of human trafficking to the competent authorities upon discovery. In the International Code of Conduct, human trafficking will include the recruitment, harboring, transportation, provision, or obtaining of persons:

　　1) Forcing into commercial sexual acts through force, fraud, or coercion, or those who are induced to participate in such sexual acts are under the age of 18;

　　2) Obtaining labor or services for the purpose of forced labor, debt bondage, or slavery through force, fraud, or deception.

　　7 = Prohibition of Slavery and Servitude

　　The use of slavery, forced or compulsory labor, or the use of such labor with any other entity, is strictly prohibited and unacceptable under any circumstances, and such cases must be reported to the competent authorities.

　　Interpretation: Security companies and their employees operating overseas must not use slavery, forced or compulsory labor, nor conspire with any other entity to use such forms of labor. This includes the strict prohibition of the aforementioned acts in subcontracted services.

　　8 = Prohibition of the Worst Forms of Child Labor

　　The sale and trafficking of children, debt bondage, serfdom, forced or compulsory labor, including the forced or compulsory recruitment of children for armed services or illegal activities (prostitution, pornography, drugs, etc.), are strictly prohibited and unacceptable under any circumstances, and such cases must be reported to the competent authorities.

　　Interpretation: Security companies and their employees operating overseas respect children's rights (i.e., the rights of anyone under the age of 18), preventing the worst forms of child labor, including:

　　1) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and servitude, forced or compulsory labor, including the forced or compulsory recruitment of children for armed services;

　　2) Using, supplying, or offering children for prostitution, the production of pornographic images, or pornographic performances;

　　3) Using, supplying, or offering children for illegal activities, especially the production and trafficking of drugs;

　　4) Labor that, by its nature and the conditions under which it is provided, is likely to harm the safety and physical and mental health of children.

　　9 = Discrimination

　　Discrimination based on race, color, sex, religion, social origin, social status, indigenous status, disability, or sexual orientation is unacceptable when employing personnel.

　　Interpretation: Security companies and their employees operating overseas will not discriminate in the recruitment process based on race, color, sex, religion, social origin, social status, ethnic affiliation, disability, or sexual orientation, but will select employees based on the inherent requirements of the relevant tasks.

　　10 = Identification, Registration and Licensing

　　Employees must be identifiable when performing their duties. Vehicles and hazardous materials must be registered and licensed by the relevant national authorities.

　　Interpretation: Overseas security companies and their employees, when operating, will comply with reasonable requirements related to security and civilian safety:

　　1) Require all employees to possess individually identifiable identification when participating in contract execution tasks;

　　2) Ensure that vehicles participating in contract execution tasks are properly registered and approved by the relevant national authorities and that all relevant taxes are paid;

　　3) Ensure that all hazardous materials are reported to the national competent authorities and the necessary approvals are obtained.