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! State !! Signed !! Ratified !! Notes
! State !! Signed !! Ratified !! Notes
|-
|-
| [[Italian Republic]] || Feb. 5, 1990 ||Aug. 21 1995 ||
| {{flagicon|Italy}} [[Italian Republic]] || Feb. 5, 1990 ||Aug. 21 1995 ||
|-
|-
| [[Republic of Seychelles]] || ||March 12, 1990 ||
| {{flagicon|Seychelles}} [[Republic of Seychelles]] || ||March 12, 1990 ||
|-
|-
| [[Republic of Zaire]] || March 20, 1990|| || Now the [[Democratic Republic of Congo]]
| {{flagicon|Zaire}} [[Republic of Zaire]] || March 20, 1990|| || Now the [[Democratic Republic of Congo]]
|-
|-
| [[Federal Republic of Nigeria]] || April 4, 1990 || ||
| {{flagicon|Nigeria}} [[Federal Republic of Nigeria]] || April 4, 1990 || ||
|-
|-
| [[Republic of the Maldives]] || July 17, 1990|| Sept. 11, 1991 ||
| {{flagicon|Maldives}} [[Republic of the Maldives]] || July 17, 1990|| Sept. 11, 1991 ||
|-
|-
| [[People's Republic of the Congo]] || July 20, 1990 || || Now the [[Republic of Congo]]
| {{flagicon|Republic of the Congo|1970}} [[People's Republic of the Congo]] || July 20, 1990 || || Now the [[Republic of Congo]]
|-
|-
| [[Ukrainian Soviet Socialist Republic]] || Sept. 21, 1990 ||Sept. 13, 1993 ||
| {{flagicon|Ukrainian SSR}} [[Ukrainian Soviet Socialist Republic]] || Sept. 21, 1990 ||Sept. 13, 1993 ||
|-
|-
| [[Kingdom of Morocco]] || Oct. 5, 1990|| ||
| {{flagicon|Morocco}} [[Kingdom of Morocco]] || Oct. 5, 1990|| ||
|-
|-
| [[Republic of Suriname]] || Oct. 8, 1990|| ||
| {{flagicon|Suriname}} [[Republic of Suriname]] || Oct. 8, 1990|| ||
|-
|-
| [[Oriental Republic of Uruguay]] || Nov. 20, 1990 ||July 14, 1999 ||
| {{flagicon|Uruguay}} [[Oriental Republic of Uruguay]] || Nov. 20, 1990 ||July 14, 1999 ||
|-
|-
| [[Federal Republic of Germany]] || Dec. 12, 1990 || ||
| {{flagicon|West Germany}} [[Federal Republic of Germany]] || Dec. 12, 1990 || ||
|-
|-
| [[Barbados]] || Dec. 13, 1990 ||July 10, 1992 ||
| {{flagicon|Barbados}} [[Barbados]] || Dec. 13, 1990 ||July 10, 1992 ||
|-
|-
| [[Belarusian Soviet Socialist Republic]] || Dec. 13, 1990 ||May 28, 1997 ||
| {{flagicon|Byelorussian SSR}} [[Byelorussian Soviet Socialist Republic]] || Dec. 13, 1990 ||May 28, 1997 ||
|-
|-
| [[Romania]] || Dec. 17, 1990|| ||
| {{flagicon|Romania}} [[Romania]] || Dec. 17, 1990|| ||
|-
|-
| [[United Republic of Cameroon]] || Dec. 21, 1990 ||Jan. 1, 1996 ||
| {{flagicon|Cameroon}} [[United Republic of Cameroon]] || Dec. 21, 1990 ||Jan. 1, 1996 ||
|-
|-
| [[Republic of Poland]] || Dec. 28, 1990|| ||
| {{flagicon|Poland}} [[Republic of Poland]] || Dec. 28, 1990|| ||
|-
|-
| [[Togolese Republic]] || || Feb. 25, 1991 ||
| {{flagicon|Togo}} [[Togolese Republic]] || || Feb. 25, 1991 ||
|-
|-
| [[People's Republic of Angola]] || Dec. 28, 1990 || || Now the [[Republic of Angola]]
| {{flagicon|Angola}} [[People's Republic of Angola]] || Dec. 28, 1990 || || Now the [[Republic of Angola]]
|-
|-
| [[Republic of Cyprus]] || ||July 8, 1993 ||
| {{flagicon|Cyprus}} [[Republic of Cyprus]] || ||July 8, 1993 ||
|-
|-
| [[Republic of Georgia]] || ||June 8, 1995 ||
| {{flagicon|Georgia}} [[Republic of Georgia]] || ||June 8, 1995 ||
|-
|-
| [[Turkmenistan]] || ||Sept. 18, 1996 ||
| {{flagicon|Turkmenistan}} [[Turkmenistan]] || ||Sept. 18, 1996 ||
|-
|-
| [[Republic of Azerbaijan]] || ||April 12, 1997 ||
| {{flagicon|Azerbaijan}} [[Republic of Azerbaijan]] || ||April 12, 1997 ||
|-
|-
| [[Kingdom of Saudi Arabia]] || || April 14, 1997 || with reservations
| {{flagicon|Saudi Arabia}} [[Kingdom of Saudi Arabia]] || || April 14, 1997 || with reservations
|-
|-
| [[Republic of Uzbekistan]] || || Jan. 19, 1998||
| {{flagicon|Uzbekistan}} [[Republic of Uzbekistan]] || || Jan. 19, 1998||
|-
|-
| [[Islamic Republic of Mauritania]] || || Feb. 9, 1998||
| {{flagicon|Mauritania}} [[Islamic Republic of Mauritania]] || || Feb. 9, 1998||
|-
|-
| [[State of Qatar]] || || March 26, 1999||
| {{flagicon|Qatar}} [[State of Qatar]] || || March 26, 1999||
|-
|-
| [[Republic of Senegal]] || || July 9, 1999||
| {{flagicon|Senegal}} [[Republic of Senegal]] || || July 9, 1999||
|-
|-
| [[Republic of Croatia]] || || March 27, 2000||
| {{flagicon|Croatia}} [[Republic of Croatia]] || || March 27, 2000||
|-
|-
| [[Great Socialist People's Libyan Arab Jamahiriya]] || || Sept. 22, 2000||
| {{flagicon|Libyan Arab Jamahiriya}} [[Great Socialist People's Libyan Arab Jamahiriya]] || || Sept. 22, 2000||
|-
|-
| [[Federal Republic of Yugoslavia]] || March 12, 2001 || || Now the [[Republic of Serbia]]
| {{flagicon|Yugoslavia}} [[Federal Republic of Yugoslavia]] || March 12, 2001 || || Now the [[Republic of Serbia]]
|-
|-
| [[Republic of Costa Rica]] || || Sept. 20, 2001||
| {{flagicon|Costa Rica}} [[Republic of Costa Rica]] || || Sept. 20, 2001||
|-
|-
| [[Republic of Mali]] || || April 12, 2002||
| {{flagicon|Mali}} [[Republic of Mali]] || || April 12, 2002||
|-
|-
| [[Kingdom of Belgium]] || ||May 5, 2002 || with reservations
| {{flagicon|Belgium}} [[Kingdom of Belgium]] || ||May 5, 2002 || with reservations
|-
|-
| [[Republic of Guinea]] || || June 18, 2003||
| {{flagicon|Guinea}} [[Republic of Guinea]] || || June 18, 2003||
|-
|-
| [[New Zealand]] || || Sept. 22, 2004||
| {{flagicon|New Zealand}} [[New Zealand]] || || Sept. 22, 2004||
|-
|-
| [[Republic of Liberia]] || ||Sept. 16, 2005 ||
| {{flagicon|Liberia}} [[Republic of Liberia]] || ||Sept. 16, 2005 ||
|-
|-
| [[Republic of Moldavia]] || ||Feb. 28, 2006 || with reservations
| {{flagicon|Moldavia}} [[Republic of Moldavia]] || ||Feb. 28, 2006 || with reservations
|-
|-
| [[Montenegro]] || Oct. 23, 2006|| ||
| {{flagicon|Montenegro}} [[Montenegro]] || Oct. 23, 2006|| ||
|-
|-
| [[Republic of Peru]] || ||March 23, 2007 ||
| {{flagicon|Peru}} [[Republic of Peru]] || ||March 23, 2007 ||
|-
|-
| [[Republic of Cuba]] || ||Sept. 2, 2007 ||
| {{flagicon|Cuba}} [[Republic of Cuba]] || ||Sept. 2, 2007 ||
|-
|-
| [[Republic of Honduras]] || || Jan. 1, 2008 ||
| {{flagicon|Honduras}} [[Republic of Honduras]] || || Jan. 1, 2008 ||
|-
|-
| [[Syrian Arab Republic]] || || Jan. 19, 2008 || with reservations
| {{flagicon|Syria}} [[Syrian Arab Republic]] || || Jan. 19, 2008 || with reservations
|}
|}



Revision as of 02:08, 7 December 2012

At the 72nd plenary meeting on 4 December 1989 the United Nations General Assembly 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.[1]

Definition of a mercenary

Article 1 of the Convention has the following definition of a mercenary:

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.
— UN Mercenary Convention[1]

One time Judge Advocate Todds S. Milliard has argued that the convention and Article 47 of Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) are designed to cover the activities of mercenaries in post colonial Africa, and do not address adequately the use of private military companies by sovereign states.[2]

Signatories and Parties

These are the states that have signed, ratified or acceded to the convention.[3][4]

State Signed Ratified Notes
Italy Italian Republic Feb. 5, 1990 Aug. 21 1995
Seychelles Republic of Seychelles March 12, 1990
Zaire Republic of Zaire March 20, 1990 Now the Democratic Republic of Congo
Nigeria Federal Republic of Nigeria April 4, 1990
Maldives Republic of the Maldives July 17, 1990 Sept. 11, 1991
Republic of the Congo People's Republic of the Congo July 20, 1990 Now the Republic of Congo
Ukrainian Soviet Socialist Republic Ukrainian Soviet Socialist Republic Sept. 21, 1990 Sept. 13, 1993
Morocco Kingdom of Morocco Oct. 5, 1990
Suriname Republic of Suriname Oct. 8, 1990
Uruguay Oriental Republic of Uruguay Nov. 20, 1990 July 14, 1999
West Germany Federal Republic of Germany Dec. 12, 1990
Barbados Barbados Dec. 13, 1990 July 10, 1992
Byelorussian Soviet Socialist Republic Byelorussian Soviet Socialist Republic Dec. 13, 1990 May 28, 1997
Romania Romania Dec. 17, 1990
Cameroon United Republic of Cameroon Dec. 21, 1990 Jan. 1, 1996
Poland Republic of Poland Dec. 28, 1990
Togo Togolese Republic Feb. 25, 1991
Angola People's Republic of Angola Dec. 28, 1990 Now the Republic of Angola
Cyprus Republic of Cyprus July 8, 1993
Georgia (country) Republic of Georgia June 8, 1995
Turkmenistan Turkmenistan Sept. 18, 1996
Azerbaijan Republic of Azerbaijan April 12, 1997
Saudi Arabia Kingdom of Saudi Arabia April 14, 1997 with reservations
Uzbekistan Republic of Uzbekistan Jan. 19, 1998
Mauritania Islamic Republic of Mauritania Feb. 9, 1998
Qatar State of Qatar March 26, 1999
Senegal Republic of Senegal July 9, 1999
Croatia Republic of Croatia March 27, 2000
Libyan Arab Jamahiriya Great Socialist People's Libyan Arab Jamahiriya Sept. 22, 2000
Socialist Federal Republic of Yugoslavia Federal Republic of Yugoslavia March 12, 2001 Now the Republic of Serbia
Costa Rica Republic of Costa Rica Sept. 20, 2001
Mali Republic of Mali April 12, 2002
Belgium Kingdom of Belgium May 5, 2002 with reservations
Guinea Republic of Guinea June 18, 2003
New Zealand New Zealand Sept. 22, 2004
Liberia Republic of Liberia Sept. 16, 2005
Moldavia Republic of Moldavia Feb. 28, 2006 with reservations
Montenegro Montenegro Oct. 23, 2006
Peru Republic of Peru March 23, 2007
Cuba Republic of Cuba Sept. 2, 2007
Honduras Republic of Honduras Jan. 1, 2008
Syria Syrian Arab Republic Jan. 19, 2008 with reservations

See also

References