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MercenariesThe History of a Norm in International Relations$
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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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The Norm against Mercenary Use and International Law

The Norm against Mercenary Use and International Law

(p.167) 6 The Norm against Mercenary Use and International Law

Sarah Percy (Contributor Webpage)

Oxford University Press

This chapter examines the absence of an effective international regulatory regime for mercenaries. The first section examines the argument, made most forcefully by the international lawyer Antonio Cassese, that the international law on mercenaries, particularly the definition found in Article 47 of Protocol I of the Geneva Conventions, is full of loopholes intentionally left by states, who were uninfluenced by any moral dislike of mercenaries and who could and did pursue the creation of law that was more about preserving advantage than enshrining concern over mercenaries. The second section of this chapter takes a close look at the argument that only states directly affected by mercenaries, those in Africa, had any interest in dealing with mercenaries through the creation of international law. The third section examines a different facet of the argument that anti-mercenary sentiment was not universal.

Keywords:   ant-mercenary, Africa, international law, regulation, Antonio Cassese, Article 47, Geneva Conventions

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