Mercenarismhas long been considered a destabilizing factor in armed conflicts, undermining sovereignty and fueling violence. Despite its global relevance, prosecuting mercenaries remains a complex challenge due to varying legal definitions, enforcement gaps, and political considerations. This article explores the international legal framework governing mercenarism, its enforcement mechanisms, and the obstacles to prosecution. Particular focus is placed on the United Nations (UN) conventions, regional agreements, and customary international law, alongside recommendations for enhancing accountability
Mercenarismhas long been considered a destabilizing factor in armed conflicts, undermining sovereignty and fueling violence. Despite its global relevance, prosecuting mercenaries remains a complex challenge due to varying legal definitions, enforcement gaps, and political considerations. This article explores the international legal framework governing mercenarism, its enforcement mechanisms, and the obstacles to prosecution. Particular focus is placed on the United Nations (UN) conventions, regional agreements, and customary international law, alongside recommendations for enhancing accountability
| № | Author name | position | Name of organisation |
|---|---|---|---|
| 1 | Abdumutalibov . . | Master's student | University of Public Safety |
| № | Name of reference |
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| 1 | 1.International Studies Quarterly/ OXFORD ACADEMIC2.United Nations. (1989). International Convention against the Recruitment, Use, Financing, and Training of Mercenaries.3.International Committee of the Red Cross. (1977). Protocol Additional to the Geneva Conventions.4.Organization of African Unity. (1977). OAU Convention for the Elimination of Mercenarism in Africa.5.United Nations Charter (1945)6.Hague Convention respecting the laws and customs of war on land, 18 October 1907, League of Nations Treaty Series, vol. 54, p. 435.7.Geneva Convention relative to the protection of civilian persons in time of war, 12 August 1949, United Nations Treaty Series8.State Practices, International Norms, and the Decline of Mercenarism. Janice E. Thomson. International Studies Quarterly, Volume 34, Issue 1, March 19909.Hague Convention respecting the rights and duties of neutral powers and persons in case of war on land, 18 October 1907, League of Nations Treaty Series, vol. 54, p. 540. (Hereafter: Hague Convention on the rights and duties of neutral powers and persons in case of war on land).10.FALLAH, K., “Corporate actors: the legal status of mercenaries in armed conflict”, International Review of the Red Cross 200611.Allaoua Layeb, 'The need for an international convention against mercenaries and mercenarism', The African Journal of International and Comparative Law, October 198912.Working towards effective legislative andregulatory solutions for the private security industry in Africa. J.J. Messner13.Henckaerts, J.M. and Doswald-Beck, L., “Customary International Humanitarian Law”14.Dumberry, P. , “New State Responsibility for Internationally Wrongful Acts by an Insurrectional Movement”, in European Journal of International Law15.Yoram Dinstein, Concluding Remarks on Non-International Armed Conflicts,16.88 INT'L LAW STUDS. |