Mercenaries

Mercenary - Wikipedia

A mercenary (sometimes shortened to merc) – also called a soldier of fortune, a hired gun, a freelance, or a sellsword – is a private individual who joins a military conflict for personal profit, is otherwise an outsider to the conflict, and is not a member of any other official military.^[1][2]

Mercenaries fight for money or other forms of payment rather than for political interests.

Beginning in the 20th century, mercenaries have increasingly come to be seen as less entitled to protection by rules of war than non-mercenaries.

The Geneva Conventions declare that mercenaries are not recognized as legitimate combatants and do not have to be granted the same legal protections as captured service personnel of the armed forces.^[3]

In practice, whether or not a person is a mercenary may be a matter of degree, as financial and political interests may overlap.

Laws of war

See also: Law of war, Privateer, Letter of marque, and Private military company

Protocol Additional GC 1977 (APGC77) is a 1977 amendment protocol to the Geneva Conventions. Article 47 of the protocol provides the most widely accepted international definition of a mercenary, though not endorsed by some countries, including the United States. The Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, (Protocol I), 8 June 1977 states:

Art 47. Mercenaries

1. A mercenary shall not have the right to be a combatant or a prisoner of war.
2. A mercenary is any person who:

• (a) is especially recruited locally or abroad in order to fight in an armed conflict;

    - (b) does, in fact, take a direct part in the hostilities;
    - (c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;
    - (d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;
    - (e) is not a member of the armed forces of a Party to the conflict; and
    - (f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.

All the criteria (a–f) must be met, according to the Geneva Convention, for a combatant to be described as a mercenary.^[4] While mercenaries do not enjoy the same protection as prisoners of war do, they must still be treated humanely according to the rules of the Protocol^[5] and they may not be punished without a trial.^[4]

On 4 December 1989, the United Nations passed resolution 44/34, the International Convention against the Recruitment, Use, Financing and Training of Mercenaries. It entered into force on 20 October 2001 and is usually known as the UN Mercenary Convention.^[6] Article 1 contains the definition of a mercenary. Article 1.1 is similar to Article 47 of Protocol I, however Article 1.2 broadens the definition to include a non-national recruited to overthrow a "Government or otherwise undermining the constitutional order of a State; or Undermin[e] the territorial integrity of a State"; and "Is motivated to take part therein essentially by the desire for significant private gain and is prompted by the promise or payment of material compensation"—under Article 1.2 a person does not have to take a direct part in the hostilities in a planned coup d'état to be a mercenary.