Mercenaries

A mercenary is a person who takes part in an armed conflict who is not a national or party to the conflict and is "motivated to take part in the hostilities by desire for private gain". Mercenaries fight for money or other recompense instead of fighting for ideological interests, whether they agree with or are against the existing government. In the last century, and as reflected in the Geneva Convention, mercenaries have increasingly come to be seen as less entitled to protections by rules of war than non-mercenaries. However, whether or not a person is a mercenary may be a matter of degree, as financial and national interests may overlap.

is a 1977 amendment 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, (), 8 June 1977 states:

Art 47. Mercenaries

All the criteria (a – f) must be met, according to the Geneva Convention, for a combatant to be described as a mercenary.

According to the GC III, a captured soldier must be treated as a lawful combatant and, therefore, as a protected person with prisoner-of-war status until facing a competent tribunal (GC III Art 5). That tribunal, using criteria in APGC77 or some equivalent domestic law, may decide that the soldier is a mercenary. At that juncture, the mercenary soldier becomes an unlawful combatant but still must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial", being still covered by GC IV Art 5. The only possible exception to GC IV Art 5 is when he is a national of the authority imprisoning him, in which case he would not be a mercenary soldier as defined in APGC77 Art 47.d.

If, after a regular trial, a captured soldier is found to be a mercenary, then he can expect treatment as a common criminal and may face execution. As mercenary soldiers may not qualify as PoWs, they cannot expect repatriation at war's end. The best known post-World War II example of this was on 28 June 1976 when, at the end of the Luanda Trial, an Angolan court sentenced three Britons and an American to death and nine other mercenaries to prison terms ranging from 16 to 30 years. The four mercenaries sentenced to death were shot by a firing squad on 10 July 1976.

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