Are mercenaries protected by Geneva Convention?

Mercenaries are not entitled to the status of combatant, prisoner of war (API Article 47), or any of the categories of protected persons provided for by the Geneva Conventions, unless they are wounded or sick, although they must always benefit from humane treatment.

Are mercenaries illegal under international law?

The United Nations Mercenary Convention, officially the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, is a 2001 United Nations treaty that prohibits the recruitment, training, use, and financing of mercenaries.

Are mercenaries protected in armed conflict?

Mercenaries are neither combatants nor entitled to PW status. A mercenary, in simple terms, is a person who is specifically recruited and who actually takes part in conflict for private gain. He is not a member of any organised armed forces and has no connection with the States Prot 1 47 involved in the conflict.

Do mercenaries have rights?

No U.S. law currently restricts or prohibits U.S. persons from serving in a foreign mercenary force. Only the U.S. government is restricted from hiring mercenaries under what is known as the Anti-Pinkerton Act of 1893.

Who is not protected by the Geneva Convention?

An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is, according to United States law, a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed to not be protected by the Geneva Conventions.

EXPLAINED: Prisoners of war and the Third Geneva Convention

Are mercenaries considered prisoners of war?

- Mercenaries shall not have the right to be a combatant or a POW [prisoner of war]. They are considered to be “unlawful combatants” and therefore may be treated as common criminals.

Can mercenaries be executed?

[25] Consequently, the summary execution of mercenaries is prohibited. According to this rule, States are free to grant prisoner-of-war status to a mercenary or withhold it, but the mercenary has no right to claim such status as a defence against prosecution.

Do the rules of war apply to mercenaries?

Mercenaries are not entitled to the status of combatant, prisoner of war (API Article 47), or any of the categories of protected persons provided for by the Geneva Conventions, unless they are wounded or sick, although they must always benefit from humane treatment.

Can mercenaries be tried for war crimes?

Human rights abuses and humanitarian law violations by mercenaries must not be allowed to go unpunished by States and the international community. Violations must be investigated, prosecuted and sanctioned, and effective remedies provided to victims.”

Are mercenaries considered civilians?

In simplest terms, a mercenary is an armed civilian paid to do military operations in a foreign conflict zone. For example, civilians conducting direct actions or training troops in foreign conflict zones are mercenaries because they are performing uniquely military functions.

Are Spies protected under the Geneva Convention?

Article 5 of the 1949 Geneva Convention IV provides: “Where in occupied territory an individual protected person is detained as a spy … such … [person] shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention.”

Does the Geneva Convention apply to terrorists?

"Terrorism" is also expressly not permitted by article 33 Geneva Convention IV which prohibits "all measures of intimidation or of terrorism" as part of collective punishment, which could induce a state of terror, as well as by article 4(2)(d) Additional Protocol II which simply prohibits "at any time and in any place ...

Which countries allow mercenaries?

Private force has become big business. No one knows how many billions of dollars move around in this illegal market. Since the turn of the century, mercenary activity has played a major role in Afghanistan, Iraq, Yemen, Nigeria, Ukraine, Syria and Libya.

Why does the US hire mercenaries?

The use of mercenaries is not going away anytime soon. They're a way for countries to augment their military and get them to perform dangerous activities that no regular soldier would be involved in. And it's not only the US that uses them either.

Do mercenaries have ranks?

These are the military ranks of the Mercenary Guild. Unlike the two main factions in All the King's Men, the Mercenary Guild's ranks are based on amount rather than skill. Keep in mind attaining the rank being read about is done as the previous rank.

Can I become a mercenary?

If you want to become a mercenary, the first thing you need to do is get military or law enforcement work experience. Join the military and put in your time. Follow orders, get fit, learn languages, and gain experience.

Who is the deadliest mercenary in the world?

Are there still mercenary armies?

Mercenaries are the second oldest profession, and their return is no surprise. Since 2015, mercenaries have flourished in Yemen, Libya, Nigeria, Ukraine, Syria, Iraq, Somalia, Mozambique, Central African Republic, and Venezuela. There are even cyber-mercenaries called “hack back” companies.

How much do Blackwater mercenaries make?

For example, Blackwater contractor salary is estimated to fall between $9,000 and $22,500 a month, according to the Blackwaterusa.com website. Silent Professionals pays maritime security officers in Africa between $700 and $800 per day.

Does the Geneva Convention apply to the Taliban?

The president has, as you know, now determined that the Geneva Convention does apply to the conflict with the Taliban in Afghanistan. It does not apply to the conflict with al Qaeda, whether in Afghanistan or elsewhere.

What was banned in the Geneva Convention?

The 1925 Geneva Protocol prohibits the use of chemical and biological weapons in war. The Protocol was drawn up and signed at a conference which was held in Geneva under the auspices of the League of Nations from 4 May to 17 June 1925, and it entered into force on 8 February 1928.

Is the war on terror a non international armed conflict?

Since it involves at least two States, clearly it is an international armed conflict, within the meaning of common Article 2 of the Geneva Conventions.

What is the legal definition of a mercenary?

2 of Article 47, a mercenary is any person who: (a) is specially recruited locally or abroad in order to fight in an. armed conflict; (b) does, in fact, take direct part in the hostilities; (c) is motivated to take part in the hostilities essentially by the desire.

Can civilians fight in wars?

As discussed, civilians can participate in war only if they are organized for this purpose. Modern armies that waged or had waged wars in the past ten years had to invent systems to distinguish between combatants; participators on different levels, who were organized by non-state actors; and innocent non-combatants.

Does the Geneva Convention apply to foreign fighters?

Under the Third Geneva Convention, nationality is irrelevant for determining whether a person qualifies as a combatant in an IAC, but may be important for determining whether a State will grant prisoner of war (POW) status to its own nationals captured fighting for a foreign army (State practice on this issue differs).