Select Committee on Foreign Affairs Minutes of Evidence


Extract from Additional Protocol 1 of 1977, Article 47

Article 47—Mercenaries

  1.  A mercenary shall not have the right to be a combatant or a prisoner or war.

  2.  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 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.

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