Mercenary

A mercenary is a private individual who joins an armed conflict for personal profit, is otherwise an outsider to the conflict, and is not a member of any other official military. Mercenaries fight for money or other forms of payment rather than for political interests.

Beginning in the 20th century, mercenaries have increasingly come to be seen as less entitled to protection by rules of war than non-mercenaries. The Geneva Conventions declare that mercenaries are not recognized as legitimate combatants and do not have to be granted the same legal protections as captured service personnel of the armed forces. In practice, whether or not a person is a mercenary may be a matter of degree, as financial and political interests may overlap.

Protocol Additional GC 1977 (APGC77) is a 1977 amendment protocol to the Geneva Conventions. Article 47 of the protocol provides the most widely accepted international definition of a mercenary, though it is not endorsed by some countries, including the United States. The Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 states:

Art 47. Mercenaries

All the criteria, as listed in 2(a) through 2(f), must be met, according to the Geneva Convention, for a combatant to be considered a mercenary. While mercenaries do not enjoy the same protection as prisoners of war do, they must still be treated humanely according to the rules of the Protocol and they may not be punished without a trial.

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. Article 1 of the UN Mercenary Convention contains the definition of a mercenary. Article 1.1 is similar to Article 47 of Protocol I. Article 1.2 broadens the definition to include a non-national recruited to overthrow a "Government or otherwise undermin[e] the constitutional order of a State; or Undermin[e] the territorial integrity of a State"; and "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". Under Article 1.2, a person does not have to take a direct part in the hostilities in a planned coup d'état to be a mercenary.

If a person is proven to have worked as a mercenary for any other country while retaining Austrian citizenship, their Austrian citizenship will be revoked.

In 2003, France criminalized mercenary activities, as defined by the protocol to the Geneva convention for French citizens, permanent residents, and legal entities (Penal Code, L436-1, L436-2, L436-3, L436-4, L436-5). This law does not prevent French citizens from serving as volunteers in foreign forces. The law applies to military activities with a specifically mercenary motive or with a mercenary level of remuneration. However, due to jurisdictional loopholes several French companies provide mercenary services.^{[citation needed]}