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MercenariesThe History of a Norm in International Relations$

Sarah Percy

Print publication date: 2007

Print ISBN-13: 9780199214334

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780199214334.001.0001

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(p.248) APPENDIX 1 Definition of a Mercenary from the International Convention against the Recruitment, Use, Financing and Training of Mercenaries

(p.248) APPENDIX 1 Definition of a Mercenary from the International Convention against the Recruitment, Use, Financing and Training of Mercenaries

Source:
Mercenaries
Publisher:
Oxford University Press

(p.248) APPENDIX 1

Definition of a Mercenary from the International Convention against the Recruitment, Use, Financing and Training of Mercenaries

  1. 1. A mercenary is any person who:

    1. (a) Is specially recruited locally or abroad in order to fight in an armed conflict;

    2. (b) 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 rank and functions in the armed forces of that party;

    3. (c) Is neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflict;

    4. (d) Is not a member of the armed forces of a party to the conflict; and

    5. (e) 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.

  2. 2. A mercenary is also any person who, in any other situation:

    1. (a) Is specially recruited locally or abroad for the purpose of participating in a concerted act of violence aimed at:

      1. (i) Overthrowing a Government or otherwise undermining the constitutional order of a State; or

      2. (ii) Undermining the territorial integrity of a State;

    2. (b) 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;

    3. (c) Is neither a national nor a resident of the State against which such an act is directed;

    4. (d) Has not been sent by a State on official duty; and

    5. (e) Is not a member of the armed forces of the State on whose territory the act is undertaken.