الإثنين , يونيو 17 2024

The legal position of mercenaries in public international law

المركز القانوني للمرتزقة في القانون الدولي العام

States have known since ancient times the phenomenon of mercenaries in armed conflicts, and their use contradicts the principles that international humanitarian law seeks to achieve, which is the prohibition of violations during armed conflicts. International law has explicitly regulated mercenaries in successive periods of time, but this regulation has been characterized by ambiguity and confusion. It was not sufficient to eliminate and limit the phenomenon of mercenaryism, due to the many negatives that befell this organization, such as defining mercenaries and the conditions of their existence, or legalizing them, which makes violating the above-mentioned principles open to these people and the countries that use them, as an alternative to their national armies. In order to tip the balance in victory, despite the bad image of mercenaries, it remains one of the complex issues for which no comprehensive solution has been provided through international agreements, whether at the level of international humanitarian law or within the scope of international criminal law.

This study relied on the descriptive and analytical approach by collecting information and data and analyzing various legal texts to determine the legal status of mercenaries in public international law.

This study aims to shed light on the legal status of mercenaries in public international law, and the most important international legal rules that determine this status, as it addressed the participation and actions carried out by mercenaries in international and non-international armed conflicts, and the most important aspects of the protection assigned to them in accordance with the relevant international agreements.

According to international law, mercenaries are not considered lawful combatants, nor are they considered prisoners of war. Their actions violate the laws, are criminal, and require criminal accountability. Despite all this, the demand for the use of mercenaries in international conflicts or civil wars has increased. Recently, another image of mercenary activity has emerged, represented by private security and military companies, whose involvement in these activities has been proven in practice. Therefore, the international community must Establish an effective international system of monitoring and accountability.

Keywords: Mercenaries, International Agreements, Legal Status.

Dr.Ibrahim Milad Abdullah HADDAJ, Lecturer, PhD in Public Law, Faculty of Sharia and Law, Al- Asmariya Islamic University, Zliten – LIBYA

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