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United Nations Mercenary Convention

2001 United Nations treaty From Wikipedia, the free encyclopedia

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The United Nations Mercenary Convention, officially the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, is a 2001 United Nations treaty that prohibits the recruitment, training, use, and financing of mercenaries. At the 72nd plenary meeting on 4 December 1989, the United Nations General Assembly concluded the convention as its resolution 44/34. The convention entered into force on 20 October 2001[1] and has been ratified by 47 states.

The convention extends on the Geneva Conventions Protocol I which in Article 47(1) states that a mercenary cannot be a lawful combatant or prisoner of war.[2]

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Background

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Decolonization and Mercenary Activity in Africa

Main article: Mercenaries in Africa after 1960

Following the rapid decolonization of African states in the 1960s, many newly independent countries faced political fragility, internal rebellion, and economic uncertainty. In this context, foreign mercenaries were frequently employed by governments and rebel movements alike, often with backing from former colonial powers or international intelligence agencies. Their purpose ranged from securing mineral-rich regions to suppressing insurgencies and influencing political outcomes.[3]

One of the earliest and most notorious deployments occurred in the former Belgian Congo. In Katanga Province, Belgian and other European mercenaries supported secessionists in an effort to maintain access to mineral wealth, which ultimately contributed to the overthrow of Patrice Lumumba in 1961 and the rise of Joseph Mobutu.

Afterwards, mercenary units such as “5 Commando” and “6 Commando,” commanded by figures like “Mad Mike” Hoare and Bob Denard, were integrated into the Congolese National Army to counter the Simba rebellion from 1964 to 1967—but they became infamous for atrocities including looting, torture, and rape.

In the Nigerian Civil War (1967–1970), mercenaries were again deployed. French operatives sided with the secessionist Biafra partly motivated by oil interests, while British mercenaries fought for the Nigerian federal government, reflecting a broader geopolitical competition between France and Britain in the region.[4]

Several African governments and the newly independent Non‑Aligned Movement began condemning mercenarism as neo‑colonial interference, arguing that foreign gun‑for‑hire networks threatened state sovereignty and popular self‑determination. In 1968, the UN General Assembly adopted Resolution 2465, calling for legislation criminalizing the recruitment, financing, and deployment of mercenaries.

The cumulative effect of these destabilizing interventions motivated African states to take collective action. This included the Organization of African Unity's adoption of a regional convention in 1977 aimed at eliminating mercenarism on the continent—a move that reflected growing regional frustration with mercenary‑enabled coups and rebel support.

The Luanda Trial

Main article: Luanda Trial

In mid‑1976, the newly independent Angolan government of the MPLA held a high‑profile trial of thirteen foreign mercenaries captured during the Angolan Civil War. Ten were British, three American; they had fought for the rival FNLA and were indicted in Luanda’s People’s Revolutionary Tribunal on charges of war crimes, crimes against peace, and acting as mercenaries.

The proceedings, held from 11 to 16 June, were presided over by a five‑member tribunal that included the Attorney General, military officers, media officials, and a representative of the National Council of Women. Guilty verdicts were widely expected, as a senior security official had declared the defendants guilty before the trial began.

The trial drew international attention: it was interpreted as a landmark assertion of state sovereignty and radical decolonization justice.

On 28 June, the court sentenced four men to death by firing squad: Costas Georgiou (“Colonel Callan”), Andrew McKenzie, John Derek Barker, and Daniel Gearhart. The remaining defendants received imprisonment terms ranging from 16 to 30 years.

Georgiou and Barker were notorious figures: Georgiou had admitted to ordering executions of fellow mercenaries. Gearhart’s death sentence drew particular controversy, as he had reportedly never fired a shot and had only arrived in Angola days before his arrest.

Appeals for clemency were lodged by British Prime Minister James Callaghan, Queen Elizabeth II, U.S. Secretary of State Henry Kissinger, and others. However, Angolan President Agostinho Neto upheld the sentences, framing the trial as a symbolic assertion against neo‑colonialist mercenary interference.

All four condemned men were executed by firing squad on 10 July 1976.

OAU Initiatives and Regional Pushback

Main article: OAU

The Luanda Trial in June 1976 significantly elevated African states’ urgency to confront mercenary actions. The public trial and execution of four foreign mercenaries demonstrated how external actors could directly threaten sovereignty in newly independent states. It reinforced a broader continental view that mercenary activity constituted a continuation of neo‑colonial interference[5].

In response, the Organization of African Unity (OAU) intensified efforts to formulate a regional legal framework. On 3 July 1977, the OAU adopted the Convention for the Elimination of Mercenarism in Africa, which entered into force on 22 April 1985. The convention offered one of the first robust legal definitions of mercenarism, criminalizing the recruitment, use, financing, and training of foreign combatants, and declaring it a crime against peace and security in Africa[6].

The treaty’s preamble explicitly referenced UN and OAU resolutions including condemnation of mercenary activities after Luanda, underscoring the shared momentum.

Article 1 sets out criteria to determine mercenary status; Article 6 obliges member states to enact domestic laws to prevent mercenary recruitment, transit, and financing; and Article 7 requires that violations be subject to the severest penalties, including capital punishment.

United Nations Involvement

Building on the momentum generated by the OAU’s 1977 Convention and its condemnation of mercenarism especially in the wake of the Luanda Trial—the United Nations progressively framed mercenary activity as a threat to peace, sovereignty, and self‑determination. General Assembly resolutions throughout the 1980s condemned mercenary use in conflicts, particularly those targeting post-colonial and liberation movements. The UN Commission on Human Rights adopted resolutions in 1986 and 1988 denouncing mercenarism as a violation of human rights and a direct impediment to the exercise of peoples’ right to self‑determination. [7] These resolutions explicitly referenced OAU measures and underscored that mercenary activity undermined principles enshrined in the UN Charter and the Declaration on Friendly Relation.

In 1979, the UN General Assembly formally called for the drafting of an international convention against the recruitment, use, financing, and training of mercenaries, affirming that mercenarism constituted a universal crime akin to piracy, genocide, and slavery.[7].

UN Security Council resolutions also reflected African states’ concerns. Resolution 239 (1967) condemned any state tolerating mercenary recruitment or facilitating coups, while resolutions 405 (1977) and 507 (1982) explicitly denounced mercenary-led attacks in Benin and Seychelles respectively, urging restoration of sovereignty and reparative assistance[7].

All of these UN efforts paved the way for the formal adoption of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries on 4 December 1989 (UN A/RES/44/34)[7]. Though adopted in 1989, the convention entered into force only on 20 October 2001, after securing sufficient ratifications; coalitions of African, Non‑Aligned, and other developing states were central to this outcome.

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Articles of the Convention

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Article 1

  1. A mercenary is any person who:
    • (a) Is specially recruited locally or abroad in order to fight in an armed conflict;
    • (b) 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 rank and functions in the armed forces of that party;
    • (c) Is neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflict;
    • (d) Is not a member of the armed forces of a party to the conflict; and
    • (e) 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.
  2. A mercenary is also any person who, in any other situation:
    • (a) Is specially recruited locally or abroad for the purpose of participating in a concerted act of violence aimed at:
      • (i) Overthrowing a Government or otherwise undermining the constitutional order of a State; or
      • (ii) Undermining the territorial integrity of a State;
    • (b) Is motivated to take part therein essentially by the desire for significant private gain and is prompted by the promise or payment of material compensation;
    • (c) Is neither a national nor a resident of the State against which such an act is directed;
    • (d) Has not been sent by a State on official duty; and
    • (e) Is not a member of the armed forces of the State on whose territory the act is undertaken.[1]

    Article 2

    Any person who recruits, uses, finances or trains mercenaries, as defined in article 1 of the present Convention, commits an offence for the purposes of the Convention.[1]

    Article 3

    1. A mercenary, as defined in article 1 of the present Convention, who participates directly in hostilities or in a concerted act of violence, as the case may be, commits an offence for the purposes of the Convention.
    2. Nothing in this article limits the scope of application of article 4 of the present Convention.[1]

    Article 4

    An offence is committed by any person who:

    • (a) Attempts to commit one of the offences set forth in the present Convention;
    • (b) Is the accomplice of a person who commits or attempts to commit any of the offences set forth in the present Convention.[1]

Article 5

  1. States Parties shall not recruit, use, finance or train mercenaries and shall prohibit such activities in accordance with the provisions of the present Convention.
  2. States Parties shall not recruit, use, finance or train mercenaries for the purpose of opposing the legitimate exercise of the inalienable right of peoples to self-determination, as recognized by international law, and shall take, in conformity with international law, the appropriate measures to prevent the recruitment, use, financing or training of mercenaries for that purpose.
  3. They shall make the offences set forth in the present Convention punishable by appropriate penalties which take into account the grave nature of those offences.[1]

Article 6

States Parties shall co-operate in the prevention of the offences set forth in the present Convention, particularly by:

  • (a) Taking all practicable measures to prevent preparations in their respective territories for the commission of those offences within or outside their territories, including the prohibition of illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of such offences;
  • (b) Co-ordinating the taking of administrative and other measures as appropriate to prevent the commission of those offences.[1]

Article 7

States Parties shall co-operate in taking the necessary measures for the implementation of the present Convention.[1]

Article 8

Any State Party having reason to believe that one of the offences set forth in the present Convention has been, is being or will be committed shall, in accordance with its national law, communicate the relevant information, as soon as it comes to its knowledge, directly or through the Secretary-General of the United Nations, to the States Parties affected.[1]

Article 9

  1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over any of the offences set forth in the present Convention which are committed:
    • (a) In its territory or on board a ship or aircraft registered in that State;
    • (b) By any of its nationals or, if that State considers it appropriate, by those stateless persons who have their habitual residence in that territory.
  2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 2, 3 and 4 of the present Convention in cases where the alleged offender is present in its territory and it does note extradite him to any of the States mentioned in paragraph 1 of this article.
  3. The present Convention does not exclude any criminal jurisdiction exercised in accordance with international law.[1]

Article 10

  1. Upon being satisfied that the circumstances so warrant, any State Party in whose territory the alleged offender is present shall, in accordance with its laws, take him into custody or take such other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. The State Party shall immediately make a preliminary inquiry into the facts.
  2. When a State Party, pursuant to this article, has taken a person into custody or has taken such other measures referred to in paragraph 1 of this article, it shall notify without delay either directly or through the Secretary-General of the United Nations:
    • (a) The State Party where the offence was committed;
    • (b) The State Party against which the offence has been directed or attempted.
    • (c) The State Party of which the natural or juridical person against whom the offence has been directed or attempted is a national;
    • (d) The State Party of which the alleged offender is a national or if he is a stateless person, in whose territory he has his habitual residence;
    • (e) Any other interested State Party which it considers it appropriate to notify.
  3. Any person regarding whom the measures referred to in paragraph 1 of this article are being taken shall be entitled:
    • (a) To communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights or, if he is a stateless person, the State in whose territory he has his habitual residence;
    • (b) To be visited by a representative of that State.
  4. The provisions of paragraph 3 of this article shall be without prejudice to the right of any State Party having a claim to jurisdiction in accordance with article 9, paragraph 1 (b), to invite the International Committee of the Red Cross to communicate with and visit the alleged offender.
  5. The State which makes the preliminary inquiry contemplated in paragraph 1 of ths article shall promptly report its findings to the States referred to in paragraph 2 of this article and indicate whether it intends to exercise jurisdiction.[1]

Article 11

Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in the present Convention shall be guaranteed at all stages of the proceedings fair treatment and all the rights and guarantees provided for in the law of the State in question. Applicable norms of international law should be taken into account.[1]

Article 12

The State Party in whose territory the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those authorities shall take their decision in the same manner as in the case of any other offence of a grave nature under the law of that State.[1]

Article 13

  1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offences set forth in the present Convention, including the supply of all evidence at their disposal necessary for the proceedings. The law of thee State whose assistance is requested shall apply in all cases.
  2. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.[1]

Article 14

The State Party where the alleged offender is prosecuted shall in accordance with its laws communicate the final outcome of the proceedings to the Secretary-General of the United Nations, who shall transmit the intformation to the other States concerned.[1]

Article 15

  1. The offences set forth in articles 2, 3 and 4 of the present Convention shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.
  2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may at its option consider the present Convention as the legal basis for extradition in respect of those offences. Extradition shall be subject to the other conditions provided by the law of the requested State.
  3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize those offences as extraditable offences between themselves, subject to the conditions provided by the law of the requested State.
  4. The offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the State required to establish their jurisdiction in accordance with article 9 of the present Convention.
  5. The provisions of paragraph 1 of this article shall not affect obligations concerning mutual judicial assistance embodied in any other treaty.[1]

Article 16

The present Convention shall be applied without prejudice to:

  • (a) The rules relating to the international responsibility of States;
  • (b) The law of armed conflict and international humanitarian law, including the provisions relating to the status of combatant or of prisoner of war.[1]

Article 17

  1. Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by a request in conformity with the Statute of the Court.
  2. Each State may, at the time of signature or ratification of the present Convention or accession thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State party which has made such a reservation.
  3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.[1]

Article 18

  1. The present Convention shall be open for signature by all States until 31 December 1990 at United Nations Headquarters in New York.
  2. The present Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
  3. The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.[1]

Article 19

  1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.
  2. For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.[1]

Article 20

  1. Any State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations.
  2. Denunciation shall take effect one year after the date on which the notification is received by the Secretary-General of the United Nations.[1]

Article 21

The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed the present Convention.[1]

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Signatories and parties

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As of August 2021, the convention had been ratified by 38 states, and signed but not ratified by 9 states.

Below are the states that have signed, ratified or acceded to the convention.[8][9]

More information Country, Signing date ...

Several of the states that ratified the agreement are however signatories of the Montreux document which on the contrary of the afore-written convention, does not make illegal the use of mercenaries but gives a document about the use of mercenaries including "good practises", the agreement having no sanctions or legal constraints tied to it.[citation needed]

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See also

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