The Mercenary Sub Download
Aquilino Neadstine
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.[3] 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,[4] and relating to the Protection of Victims of International Armed Conflicts, (Protocol I), 8 June 1977 states:
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.[5] 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[6] and they may not be punished without a trial.[5]
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.[7] 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.
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]
In 1977, the United States Court of Appeals for the Fifth Circuit interpreted the Anti-Pinkerton Act as forbidding the U.S. government from employing companies offering "mercenary, quasi-military forces" for hire (United States ex rel. Weinberger v. Equifax, 557 F.2d 456, 462 (5th Cir. 1977), cert. denied, 434 U.S. 1035 (1978)). There is disagreement over whether this proscription is limited to strikebreakers only, because Weinberger v. Equifax states the following:
The purpose of the Act and the legislative history reveal that an organization was "similar" to the Pinkerton Detective Agency only if it offered for hire mercenary, quasi-military forces as strikebreakers and armed guards. It had the secondary effect of deterring any other organization from providing such services lest it be branded a "similar organization." The legislative history supports this view and no other.
Recruits from countries of the Commonwealth of Nations in the British Army swear allegiance to the British monarch and are liable to operate in any unit. Gurkhas, however, operate in dedicated Gurkha units of the British Army (specifically units that are administered by the Brigade of Gurkhas) and the Indian Army. Although they are nationals of Nepal, a country that is not part of the Commonwealth, they still swear allegiance (either to the Crown or the Constitution of India) and abide by the rules and regulations under which all British or Indian soldiers serve.[13] French Foreign Legionnaires serve in the French Foreign Legion, which deploys and fights as an organized unit of the French Army. This means that as members of the armed forces of Britain, India, and France these soldiers are not classed as mercenary soldiers per APGC77 Art 47.e and 47.f.
Afghan war operations also boosted the business.[19] The United States has made extensive use of PMCs in Afghanistan since 2001, mostly in a defensive role.[20] PMC teams have been used to guard bases and to protect VIPs from Taliban assassins, but almost never in offensive operations.[20] One mercenary stated about his work in Afghanistan: "We are there purely to protect the principals and get them out, we're not there to get into huge firefights with the bad guys". One team from DynCorp provided bodyguards for President Hamid Karzai.[20]
In October 2007, the United Nations released a two-year study that stated, that although hired as "security guards", private contractors were performing military duties. The report found that the use of contractors such as Blackwater was a "new form of mercenary activity" and illegal under international law.
In England at the time of the Norman Conquest, Flemings (natives of Flanders) formed a substantial mercenary element in the forces of William the Conqueror with many remaining in England as settlers under the Normans. Contingents of mercenary Flemish soldiers were to form significant forces in England throughout the time of the Norman and early Plantagenet dynasties (11th and 12th centuries). A prominent example of these were the Flemings who fought during the English civil wars, known as the Anarchy or the Nineteen-Year Winter (AD 1135 to 1154), under the command of William of Ypres, who was King Stephen's chief lieutenant from 1139 to 1154 and who was made Earl of Kent by Stephen.[citation needed]
During the later Middle Ages, Free Companies (or Free Lances) were formed, consisting of companies of mercenary troops. Nation-states lacked the funds needed to maintain standing forces, so they tended to hire free companies to serve in their armies during wartime.[47] Such companies typically formed at the ends of periods of conflict, when men-at-arms were no longer needed by their respective governments.[47] The veteran soldiers thus looked for other forms of employment, often becoming mercenaries.[47] Free Companies would often specialize in forms of combat that required longer periods of training that was not available in the form of a mobilized militia.
At approximately the same period, Niccolò Machiavelli argued against the use of mercenary armies in his book of political advice The Prince. His rationale was that since the sole motivation of mercenaries is their pay, they will not be inclined to take the kind of risks that can turn the tide of a battle, but may cost them their lives. He also noted that a mercenary who failed was obviously no good, but one who succeeded may be even more dangerous. He astutely pointed out that a successful mercenary army no longer needs its employer if it is more militarily powerful than its supposed superior. This explained the frequent, violent betrayals that characterized mercenary/client relations in Italy, because neither side trusted the other. He believed that citizens with a real attachment to their home country will be more motivated to defend it and thus make much better soldiers.
The Stratioti or Stradioti (Italian: Stradioti or Stradiotti; Greek: Στρατιώτες, Stratiotes) were mercenary units from the Balkans recruited mainly by states of southern and central Europe from the 15th until the middle of the 18th century. The stradioti were recruited in Albania, Greece, Dalmatia, Serbia and later Cyprus. Most modern historians have indicated that the Stratioti were mostly Albanians. According to a study by a Greek author, around 80% of the listed names attributed to the stradioti were of Albanian origin while most of the remaining ones, especially those of officers, were of Greek origin; a small minority were of South Slavic origin. Among their leaders there were also members of some old Byzantine Greek noble families such as the Palaiologoi and Comneni.The stratioti were pioneers of light cavalry tactics during this era. In the early 16th century heavy cavalry in the European armies was principally remodeled after Albanian stradioti of the Venetian army, Hungarian hussars and German mercenary cavalry units (Schwarzreitern). They employed hit-and-run tactics, ambushes, feigned retreats and other complex maneuvers. In some ways, these tactics echoed those of the Ottoman sipahis and akinci. They had some notable successes also against French heavy cavalry during the Italian Wars.They were known for cutting off the heads of dead or captured enemies, and according to Commines they were paid by their leaders one ducat per head.[citation needed]
The mercenary soldiers thus fell out of favour and was replaced by the professional soldier. To augment the army, major European powers like France, Britain, the Dutch Republic and Spain contracted regiments from Switzerland, the Southern Netherlands (modern day Belgium), and several smaller German states. About a third of the infantry regiments of the French Royal Army prior to the French Revolution were recruited from outside France. The largest single group were the twelve Swiss regiments (including the Swiss Guard). Other units were German and one Irish Brigade (the "Wild Geese") had originally been made up of Irish volunteers. By 1789 difficulties in obtaining genuinely Irish recruits had led to German and other foreigners making up the bulk of the rank and file. The officers however continued to be drawn from long established Franco-Irish families. During the reign of Louis XV there was also a Scottish (Garde Écossaise), a Swedish (Royal-Suédois), an Italian (Royal-Italien) and a Walloon (Horion-Liegeois) regiment recruited outside the borders of France. The foreign infantry regiments comprised about 20,000 men in 1733, rising to 48,000 at the time of the Seven Years' War and being reduced in numbers thereafter.[citation needed]
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