Global Challenges
Issue no. 5 | April 2019
New Grammars of War: Conflict and Violence in the 21st Century
New Grammars of War | Figure for Article 3

The Privatisation of War

Definition of a Mercenary

Article 47 of AP I deprives mercenaries from prisoner-of-war status and thus from legally participating in hostilities. In addition, it requires that a mercenary do not possess the nationality of a party to the conflict. As a consequence, irrespective of the fact that the protocol only applies to conflicts between states or situations of occupation (i.e. international armed conflicts), the provision could not be applied to private contractors from the US, the UK, Canada, Australia and other countries which have been involved as parties to the conflicts in Afghanistan and Iraq. The 1989 UN International Convention against the Recruitment, Use, Financing and Training of Mercenaries extends the definition of the mercenary, who may also be a non-national recruited to overthrow or undermine a government or the constitutional order of a state; in addition, it makes the recruitment, use, financing or training of a mercenary a crime under international law. This convention, however, has been ratified only by 36 states and its scope of application is very limited.