Mercenaries.

Case study three Mercenaries and mechanics

Mercenaries Mr. Bernales Ballesteros Special Rapporteur

TRAINING OF MERCENARIES 112 113 34

That could provide a loophole for mercenaries.

Mercenaries, starving for loot and violence, scavengers.

Legislation on mercenaries should not just be punitive, but must also attempt to close the loopholes in regard to how mercenaries acquire arms.

Such nationals would not, strictly speaking, be considered mercenaries, but the intention of those recruiting them to use them as mercenaries is objectively undeniable, as is the willingness of such nationals to accept a relationship that turns them into mercenaries.

It is precisely the existence of loopholes and legal ambiguities that has facilitated the use of mercenaries and of companies engaged in mercenary activities, without any effective legal action being taken against those who hire mercenaries or against mercenaries themselves.

39. Mercenaries were not, however, an exclusively African phenomenon.

103. Are the personnel recruited by Executive Outcomes mercenaries?

Above all, the people fear the possible recruitment of mercenaries.

Use of mercenaries as a Mr. E. Bernales Ballesteros 1998

Resort to a range of offences for which mercenaries could be held liable under criminal law codes pointed to the absence of specific legal measures on mercenaries.

Such nationals would not strictly speaking be considered mercenaries, but, on the part of those recruiting them, the aim of using them as mercenaries is objectively undeniable.

C. Presence of mercenaries in the Democratic Republic of the Congo

However, Africa was the continent worst affected by the presence of mercenaries.

Report on the question of the use of mercenaries as a means

Australia has already taken steps to legislate against mercenaries in its Crimes, Foreign Incursions and Recruitment Act, which prohibits the training, financing and use of mercenaries in Australia. Given the nature of the problem of mercenaries, Australia also considers that international cooperation is required to address this significant global issue.

35. Mr. Minyuku said that, to his knowledge, no mercenaries of South African nationality or foreign mercenaries residing in South Africa had appeared or testified before the Commission or requested an amnesty.

This atmosphere of mistrust and militarization is conducive to the presence of mercenaries

In engaging in such activities, mercenaries commit atrocious crimes and violate human rights.

For example, some mercenaries from Colombia had later transferred to Africa (Mano River Union), or had been involved in the transfer of arms from conflict zone to conflict zone through transnational networks of mercenaries.

However, extreme right racist organizations initially organized paramilitary squads to which some mercenaries moved.

They even use gaps or ambiguities in legal texts to avoid classification as mercenaries.

In this context, mercenaries, whose activities were linked to apartheid, are no longer present.

63. Former South African mercenaries and mercenaries of other nationalities who were incorporated into specialized battalions, such as Battalions 31 and 32, which fought in Angola, ended up out of work when democracy was established.

These were networks of mercenaries, not ideologues, who were in the coordination business for profit.

The third expert meeting on mercenaries was held from 6 to 10 December in Geneva.

With respect to the objective To study and evaluate recent activities of mercenaries in Africa

Pools of floating indigenous mercenaries continued to offer their services for a variety of causes.

C. Presence of mercenaries during the armed conflict in the Democratic Republic of the Congo

The possibility that some of their members or associates may be mercenaries must be considered.

The same approach should be taken in reviewing and updating the international legislation on mercenaries.

The OAU Convention on Mercenaries was outdated for Africa and did not deal properly with PMCs.

Both types of mercenaries should be prosecuted if they intentionally and knowingly participate in armed conflict

Several countries spoke of the threat posed to peace and security by criminal action of mercenaries.

IV. CURRENT STATUS OF THE INTERNATIONAL CONVENTION AGAINST THE RECRUITMENT, USE, FINANCING AND TRAINING OF MERCENARIES

The remedy is to start by tackling the basis that resulted in the existence of mercenaries.

VI. Current status of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries

The United Nations could tap into these to reinforce the international legal structures against mercenary activity Legislation on mercenaries should not just be punitive but must also attempt to close the loopholes in regard to how mercenaries acquire arms.

apos (1) The recruitment, training, financing or other material support of mercenaries and the use of mercenaries in armed conflicts or hostilities apos Shall be punishable by deprivation of liberty for a period of from four to eight years

(c) The 1989 definition of mercenary activity has two parts the first refers to individual (or traditional) mercenaries fighting in any armed conflict the second refers to mercenaries engaged in armed conflict specifically to overthrow a constitutional order (political element).

Alarmed and concerned about the danger which the activities of mercenaries constitute to peace and security in developing countries, particularly in Africa and in small States, where democratically elected Governments have been overthrown by mercenaries or through mercenary international criminal activities,

Alarmed and concerned about the danger which the activities of mercenaries constitute to peace and security in developing countries, particularly in Africa and in small States, where democratically elected Governments have been overthrown by mercenaries or through mercenary international criminal activities,