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A mercenary is a Soldier who fights, or engages in warfare primarily for private gain, usually with little regard for Ideological , National or Political considerations. However, when the term is used to refer to a soldier in a regular national army, it is usually considered an insult, Epithet or Pejorative . Mercenaries and the laws of war See also Laws Of War . In the Protocol Additional to the Geneva Conventions (GC) of 12 August 1949 , and relating to the Protection of Victims of International Armed Conflicts '''( Protocol I ), 8 June 1977 ''' it is stated: ''Art 47. Mercenaries'' A mercenary is any person who: ::''(a) is specially recruited locally or abroad in order to fight in an armed conflict;'' ::''(b) does, in fact, take a direct part in the hostilities;'' ::''(c) 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 ranks and functions in the armed forces of that Party;'' ::''(d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;'' ::''(e) is not a member of the armed forces of a Party to the conflict; and'' ::''(f) 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.'' It should be noted that many countries including the U.S. are not signatory to the ''Protocol Additional GC 1977'' (APGC77). So although it is the most widely accepted, it is not definitive. Under GC III if a soldier is captured by an enemy, he must be treated as a Lawful Combatant and therefore a ''Protected Person'' which for a soldier is as a Prisoner of War (POW) until the soldier has faced a Competent Tribunal (GC III Art 5). That tribunal may decide that the person is a mercenary using criteria in APGC77 or some domestic law equivalent. At that point the mercenary becomes an Unlawful Combatant but they must still be "''treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial''", because they are still covered by GC IV Art 5. The only exception to GC IV Art 5 is if they are a national of the authority which is holding them but in which case they would not be a mercenary under APGC77 Art 47.d. If after a regular trial, a captured soldier is found to be a mercenary, then they can expect to be treated as common criminals and may face execution. As they are not POWs they can not expect repatriation at the end of the war. The best known, post-World War II, example of this was on June 28 1976 when at the end of the Luanda Trial an Angolan court sentenced three Britons and an American to death and nine others to prison terms ranging from 16 to 30 years. The four sentenced to death were shot by a firing squad on July 10 1976 . The legal status of civilian contractors depends upon the nature of their work and their nationality in respect of the combatants. But if they have not ''in fact, taken a direct part in the hostilities'' (APGC77 Art 47.b) they are not mercenaries and are entitled to the protection of the Geneva Conventions. The situation during the Occupation Of Iraq 2003 – shows how difficult it is to define what a mercenary is. While the United States governed the country, any U.S. citizen who worked as an armed guard could not be called a mercenary because they were ''a national of a Party to the conflict'' (APGC77 Art 47.d). With the handover of power to the interim Iraqi government it could be argued that unless they declare that they are a resident in Iraq i.e. ''a resident of territory controlled by a Party to the conflict'' (APGC77 Art 47.d), they are now mercenaries. If no trial of the people accused of being mercenaries takes place, then the allegations tend to evaporate in a spiral of accusations, denials and counter-accusations. It should be noted that Coalition soldiers in Iraq who are supporting the interim Iraqi government are not mercenaries, because either they are part of the armed forces of a Party to the conflict or they have been ''sent by a State which is not a Party to the conflict on official duty as a member of its armed forces'' (APGC77 Art 47.f). On 4 December 1989 the United Nations passed resolution 44/34 the ''International Convention against the Recruitment, Use, Financing and Training of Mercenaries''. It entered into force on 20 October 2001 and is usually known as the UN Mercenary Convention . Critics have argued that the convention and ''APGC77 Art. 47'' are designed to cover the activities of mercenaries in post colonial Africa, and do not address adequately the use of '' Private Military Companies '' by Sovereign State s. See also Privateer , Letter Of Marque , Private Military Contractor . Gurkhas and French Foreign Legionnaires The two best known units in which nationals of a country serve in another nation's armed forces are the British Brigade Of Gurkhas and the French Foreign Legion . Soldiers who serve in these two elite units are not mercenaries. British Gurkhas are fully integrated soldiers of the British Army . They operate in formed units of the Brigade of Gurkhas and abide by the rules and regulations under which all British soldiers serve, (Similar rules apply for Gurkhas serving in the Indian Army .) French Foreign Legionnaires are formed units of the French Foreign Legion which is deployed and fights as an organized unit of the French Army . This means that as members of the armed forces of Britain or France they are not mercenaries under APGC77 Art 47.e and APGC77 Art 47.f. Mercenaries and domestic law Some countries try to stop their citizens fighting in conflicts unless they are under the control of their own armed forces:
Mercenary operations It is known that mercenaries have been hired to fight in the conflicts in former Yugoslavia. Many of these were ex-Eastern Bloc soldiers who had no employment opportunities after the fall of the Soviet Union. Private military company (PMC) Private Military Companies are companies that provide Logistics , manpower, and other expenditures for a military force. Their contractors are civilians authorized to accompany a force in the field. Hence, the terminology "civilian contractor" is often used. It can be argued that Paramilitary forces under private control are functionally mercenaries instead of Security Guard s or advisors. However, national governments reserve the right to strictly regulate the number, nature and armaments of such private forces and argue that providing they are not employed in frontline pro-active military activities that they are not mercenaries. If employees of PMCs are involved in pro-active military activities they are likely to be defined as mercenaries and their employers will be called mercenary companies. Three companies which the mass media called mercenary companies in the 1990s were:
In 2004 the industry was given a huge boost because PMCs were employed by the US and other coalition members to do security work in Iraq. In March 2004, four employees of the U.S. PMC Blackwater USA , who were guarding food shipments were attacked and killed in Fallujah . In the well publicised incident, the killings and subsequent desecration of the bodies were contributory cause for the First Battle Of Fallujah which occurred shortly after the killings. As noted above, although the Blackwater team was armed and (theoretically, as the events showed) prepared for (para)military operations, they did not legally constitute mercenaries, as Iraq was at that time still under the direct administration of the United States-led coalition. Private military companies tend to be frowned upon by the United Nations (even so, the UN hired ''Executive Outcomes'' to do some logistic support in Africa). Nevertheless, PMCs may be useful in combating Genocide s and slaughters in situations where the UN is unwilling or unable to intervene. In a report on PMCs by the British Foreign And Commonwealth Office (FCO) released in February 2002 , the FCO noted that the demand for military services from the UN and international organizations could mean that it would be cheaper to employ PMCs than to use troops from members states. However at that time, after considering the use of PMCs to support UN operations, the UN Secretary General, Kofi Annan, decided not to do so. Asia During the early stage of Second Sino-Japanese War (before Pearl Harbour ) America didn't want to get involved in the Asian conflict (due to a non-aggression pact with Japan), however the United States sent Claire Chennault to assist China and created the American Volunter Group (AVG) or better known as Flying Tigers . The pilot earn roughly about $600-700 per month, also Madame Chiang Kai-shek confirmed an extra $500 per shot down Japanese aircraft. Africa 20th century In the 20th century, mercenaries have been mostly involved in conflicts on the continent of Africa. There have been a number of unsavory incidents in the brushfire wars of Africa, some involving recruitment of naïve European and American men "looking for adventure" and thrusting them into combat situations where they would not survive to get paid. Many of the adventurers in Africa who have been described as mercenaries were in fact ideologically motivated to support particular governments, and would not fight "for the highest bidder". Particularly notorious mercenaries include:
Mercenaries fought for the Biafrans in the 4th Commando Brigade during the Nigerian Civil War , (1967-1970). Other mercenaries flew aircraft for the Biafrans. In October 1966, for example, a Royal Air Burundi DC-4M Argonaut, flown by a mercenary Heinrich Wartski also known as Henry Wharton, crashlanded in Cameroon with military supplies destined for Biafra. In the mid- (the self styled "Colonel Callan"), who had both served in the British army, were sentenced to death for murder. American Bob MacKenzie was killed in the Malal Hills in February 1995 , while commanding Gurkha Security Guards (GSG) in Sierra Leone . GSG pulled out soon afterwards and was replaced by Executive Outcomes . Both were employed by the Sierra Leone government as military advisers and to train the government soldiers. It has been alleged that the firms provided soldiers who took an active part in the fighting against the Revolutionary United Front (RUF). A fictional portrait of mercenary operations in the 1970s is Frederick Forsyth 's book, '' The Dogs Of War '', which was set on the island of Malabo - renamed "Zangaro" in the novel - and given a platinum deposit. Since the discovery of oil there in the mid-1990s, it does not need a fictional platinum deposit for it to be of interest to financiers and mercenaries. In August 2004 there was the a plot to overthrow the government of Equatorial Guinea in Malabo . Currently eight South African Apartheid -era soldiers (the leader of whom is Nick Du Toit ), six Armenian aircrew and five local men are in Black Beach prison on the island. They are accused of being an advanced guard for a coup to place Severo Moto in power. CNN reported on August 25 , that: Defendant Nick du Toit said he was introduced to Thatcher in South Africa last year by Simon Mann, the leader of 70 men arrested in Zimbabwe in March suspected of being a group of mercenaries heading to Equatorial Guinea. It was planned, it is alleged, by Simon Mann (a founder of Executive Outcomes) a former SAS officer. On 27 August 2004 he was found guilty in Zimbabwe of purchasing arms, allegedly for use in the plot. (He admitted trying to procure dangerous weapons, but said that they were to guard a diamond mine in DR Congo.) It is alleged that there is a paper trail from him which implicates Sir Mark Thatcher, Lord Archer and Ely Calil (a Lebanese-born oil trader). The BBC reported in an article entitled "Q&A: Equatorial Guinea coup plot": The BBC's Newsnight television programme saw the financial records of Simon Mann's companies showing large payments to Nick du Toit and also some $2m coming in - though the source of this funding they say is largely untraceable. The BBC reported on 10 September 2004 that in Zimbabwe: Mann , the British leader of a group of 67 alleged mercenaries accused of plotting a coup in Equatorial Guinea has been sentenced to seven years in jail... The other passengers got 12 months in jail for breaking immigration laws while the two pilots got 16 months...The court also ordered the seizure of Mann's $3m Boeing 727 and $180,000 found on board. Ancient Egypt The first recorded use of mercenaries dates back to Ancient Egypt , 1500 BC , when Pharaoh Ramesses II used 10,000 mercenaries during his battles. Mercenaries in European history Mercenaries in the classic era Many Greek mercenaries fought for the Persian Empire during the early classic era. For example:
In the late s either within the Legion s or as autonomous Foederati . The barbarians were Romanized and surviving veterans were established in areas requiring population. The Varangian Guard of the Eastern Roman Empire otherwise known as the Byzantine Empire is the best known formation made up of barbarian mercenaries. (see next section) Mercenaries in medieval warfare Byzantine Emperors followed the Roman practise and contracted foreigners especially for their personal Corps guard called the Varangian Guard . They were chosen among war-prone peoples, of whom the Varangian s (Vikings) and Anglo-Saxon s were preferred. Their mission was to protect the Emperor and Empire and since they did not have links to the Greeks, they were expected to be ready to suppress rebellions. One of the most famous guards was the future king Harald III Of Norway , also known as Harald Hardrada ("Hardreign") who arrived in Constantinople in 1035 , was employed as a Varangian Guard. He participated in eighteen battles and became Akolythos, the commander, of the Guard before returning home in 1043 . He was killed at the Battle Of Stamford Bridge in 1066 when his army was defeated by an English army commanded by King Harold Godwinson . In Italy, the ''condottiero'' was a military chief offering his troops, the Condottieri , to City-state s. During the ages of the Taifa kingdoms of the Iberian peninsula, Christian knights like El Cid could fight for some Muslim ruler against his Christian or Muslim enemies. The Almogavars originally fought for Catalonia and Aragon , but as the Catalan Company , they followed Roger De Flor in the service of the Byzantine Empire . During the later middle ages, Free Companies (or ''Free Lances'') were formed, consisting of companies of mercenary troops. Nation-states lacked the funds needed to maintain standing forces, so they tended to hire free companies to serve in their armies during wartime. Such companies typically formed at the ends of periods of conflict, when men-at-arms were no longer needed by their respective governments. The veteran soldiers thus looked for other forms of employment, often becoming mercenaries. Free Companies would often specialize in forms of combat that required longer periods of training that was not available in the from of a mobilized militia. The White Company commanded by Sir John Hawkwood is the best known English Free Company of the 14th Century . A Welshman Owain Lawgoch (Owain of the Red Hand) formed a free company and fought for the French against the English during the Hundred Years War, before being assassinated by a Scot by the name of Jon Lamb under the orders of the English Crown in 1378 during the Siege Of Mortagne . See also: Bertrand Duguesclin , Scottish Clan . Mercenaries in the modern age Swiss mercenaries were sought after during the latter half of the 15th Century as being an effective fighting force, until their somewhat rigid battle formations became vulnerable to Arquebus es and Artillery being developed at about that period. ''See Swiss Guard .'' It was then that the European Landsknecht s, colorful mercenaries with a redoubtable reputation, took over the Swiss forces' legacy and became the most formidable force of the late 15th and throughout the 16th Century , being hired by all the powers in Europe and often fighting at opposite sides. St Thomas More in his Utopia advocated the use of mercenaries in preference to citizens. The barbarian mercenaries employed by the Utopians are thought to be inspired by the Swiss mercenaries. At approximately the same period, Niccolò Machiavelli argued against the use of mercenary armies in his masterpiece '' The Prince ''. His rationale was that since the sole motivation of mercenaries is their pay, they will not be inclined to take the kind of risks that can turn the tide of a battle, but may cost them their lives. He believed that citizens with a real attachment to their home country will be more motivated to defend it and thus make much better soldiers. Mercenaries in popular culture Like Piracy , the mercenary ethos resonates with idealized adventure, mystery and danger. Examples of this are:
It is interesting to note that the both titles are derived from other sources. ''Cry Havoc, and let slip the dogs of war;'' is from ''Julius Caesar'' (III.i), a play by Shakespeare . After the signing of the Treaty Of Limerick (1691) the soldiers of the Irish Army who left Ireland for France took part in what is known as the '' Flight Of The Wild Geese ''. Subsequently, many made a living from working as mercenaries for continental armies, the most famous of whom was Patrick Sarsfield , who, having fallen mortally wounded on a foreign field, said "If this was only for Ireland". In , and MechCommander 2 . A Magazine ostensibly written for mercenary soldiers is Soldier Of Fortune . The popular Anime series Full Metal Panic! and its various sequels focus largely on a mercenary organization known as Mithril. The Marvel Comics universe features many mercenary character, most notably Deadpool . Others include the Taskmaster , Agent X and Bullseye . The 1978 Italian action film Duri a morire (Tough To Kill) concerns a group of mercenaries in an unspecified African country who turn on eachother. In the film '' Casablanca '' ( 1942 ), Rick Blaine is a former mercenary, although it is hinted that he chose sides on an ideological basis, rather than based on who would pay him the most. The plot of the film '' The Warriors '' ( 1979 ), which was adapted from the novel by Sol Yurick is loosely based on Xenophon's ''Anabasis''. Tom Berenger stars as the head of a crew of mercenaries in the shoot-em up action flick/classroom drama '' The Substitute '' ( 1996 ). The Televison Anime (cartoon) series of Area 88 , portrays fictional mercenaries in a country called Asran where foreign freelance pilots of all nationalities are assembled in Area 88, an isolated air force base that houses the military's only mercenary unit to fight in Asran's civil war. The song '' Roland The Headless Thompson Gunner '' by Warren Zevon involves the exploits of a Norwegian mercenary in the Congo. '']] The computer game series '', where the player controls one of three mercenaries in North Korea , and is able to accept mercenary contracts from the UN , South Korea , China , and the Russian Mafia . Several , the Metal Gear Solid series; or in a fantasy/sci-fi setting, such as Final Fantasy VII 's Cloud Strife ; or organization SeeD from Final Fantasy VIII , as the Star Fox Team. Players may also participate as mercenary pilots in Air Combat , Ace Combat 2 and Ace Combat Zero . See also
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Notes #Note|bbc_june28}}Note label|bbc_june28|1|a}} 1976: Death sentence for mercenaries BBC On this day June 28 #Note|UN_MC}} International Convention against the Recruitment, Use, Financing and Training of Mercenaries A/RES/44/34 72nd plenary meeting 4 December 1989 (UN Mercenary Convention) Entry into force: 20 October 2001 #Note|UN_MC_Critics}} Milliard References Page 5. Paragraph 1 # Note|BritRegs}} Gurkha terms and conditions of service #Note|PMC_slaughters}} PMCs may be useful in combatting genocides and slaughters in situations where the UN is unwilling or unable to intervene
#Note|BBC_UN&PMC}} Dogs of war into doves of peace BBC 11 November , 2002 # Note|WhiteCompany}} #Note|Lawgoch}} Owain Lawgoch (English:Owain of the Red Hand, French:Yvain de Galles) External links
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