Mercenary

A mercenary is a private individual who joins an armed conflict for personal profit. Unlike regular soldiers, they are outsiders to the conflict. They do not belong to any official military of a nation. Instead of fighting for political goals, they fight for money or other forms of payment.

This distinction is important because it changes how international law views their role in a war. While their motivations might overlap with politics, the primary driver is financial gain.

International law treats mercenaries differently than official military personnel. The Geneva Conventions provide the rules for how people should be treated during war. Under Protocol I, also known as APGC77, mercenaries are not recognized as legitimate combatants. This means they do not have the same legal protections as prisoners of war. If they are captured, they may not receive the same rights as captured service personnel.

However, they are still entitled to humane treatment. They cannot be punished without a trial, according to the rules of the Protocol.

To define a mercenary clearly, Article 47 of APGC77 sets out specific criteria. All these criteria must be met for a person to be legally classed as a mercenary. The United Nations expanded on this with the UN Mercenary Convention in 1989. This convention entered into force on 20 October 2001. It includes a broader definition in Article 1.2. This version includes people recruited to overthrow a government or undermine a state's territorial integrity.

Under this rule, a person does not have to participate in direct fighting to be considered a mercenary.

Many nations have created strict laws to manage or prevent mercenary activity. Austria may revoke the citizenship of its people if they work as mercenaries for other countries. In 2003, France made mercenary activities a crime for its citizens and residents. However, French companies can still provide military training services. One such company, Défense conseil international, is 50% owned by the French state. It reported a profit of €222 million in 2019.

This shows how military services can become a large business.

Other countries have also taken specific legal steps. Germany makes it an offense to recruit its citizens for military duties for a foreign power. In South Africa, the Foreign Military Assistance Act of 1998 banned citizens from foreign wars. This law was reviewed in 2005 after events involving security guards in Iraq. The United Kingdom has the Foreign Enlistment Acts of 1819 and 1870. These laws make it unlawful for British subjects to join a state at war with a country at peace with Britain.

These laws aim to control how citizens participate in global conflicts.

The United States has its own complex set of rules regarding private forces. The Anti-Pinkerton Act of 1893 forbids the government from using certain private police companies. In 2006, a Department of Defense rule allowed private security contractors to use deadly force. This is permitted only for self-defense or to protect clients' assets and persons. There is often a debate about whether these contractors are performing military functions. In 2007, a lawsuit regarding a $475 million security contract in Iraq was eventually dismissed.

This highlights the legal tension between private business and military operations.

It is important to distinguish mercenaries from foreign national servicemen. Many soldiers serve in foreign armies legally as part of official units. For example, the French Foreign Legion is an organized unit of the French Army. Members of the Legion are not classed as mercenaries under APGC77. Similarly, Gurkha regiments serve in the British and Indian armies. These soldiers swear allegiance to a monarch or a constitution. They are official members of their respective armed forces, not private fighters for hire.

This distinction keeps the line between professional soldiers and mercenaries clear.