Mercenary
Information about Mercenary
A mercenary is a person who takes part in an armed conflict who is not a national of a Party to the conflict and "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 ranks and functions in the armed forces of that Party".[1][2]
As a result of the assumption that a mercenary is exclusively motivated by money, the term "mercenary" carries negative connotations. There is a blur in the distinction between a "mercenary" and a "foreign volunteer", when the primary motive of a soldier in a foreign army is uncertain. For instance the French Foreign Legion and the Gurkhas are not mercenaries under the laws of war, but some journalists do describe them as mercenaries.[3][4]
Modern day mercenary organizations are called private military companies.
While the United States and many other countries are not signatories to the Protocol Additional GC 1977 (APGC77), it provides the most widely accepted international definition of a mercenary, albeit one not universally accepted. In 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 it is stated:
Art 47. Mercenaries
According to the GC III, a captured soldier must be treated as a lawful combatant, and, therefore, is a Protected Person, with Prisoner of War (PoW) status until facing a competent tribunal (GC III Art 5). That tribunal may decide that the soldier is a mercenary using criteria in APGC77 or some equivalent domestic law. At that juncture, the mercenary soldier becomes an unlawful combatant, but still must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial", because they are still covered by GC IV Art 5. The only exception to GC IV Art 5 is if he is a national of the authority imprisoning him, but, in which case, he would not be a mercenary soldier as defined in APGC77 Art 47.d.
If after a regular trial, a captured soldier is found to be a mercenary, then he can expect treatment as a common criminal and may face execution. As mercenary soldiers are not PoWs, they cannot expect repatriation at war's end. The best known post-World War II example of this was on June 28 1976 when at the end of the Luanda Trial an Angolan court sentenced three Britons and an American to death, and nine other mercenaries to prison terms ranging from 16 to 30 years. The four mercenaries sentenced to death were shot by a firing squad on July 10 1976[5].
The legal status of civilian contractors depends upon the nature of their work and their nationalities with respect to that of the combatants. If they have not in fact, taken a direct part in the hostilities (APGC77 Art 47.b) they are not mercenaries but soldiers and are entitled to Geneva Convention protections.
The situation during Operation Iraqi Freedom – shows the difficulty in defining what is a mercenary soldier. While the United States governed Iraq, any U.S. citizen working as an armed guard could not be defined a mercenary, because he was a national of a Party to the conflict (APGC77 Art 47.d). With the hand-over of power to the Iraqi government, some would say that unless they declare themselves residents in Iraq, i.e. a resident of territory controlled by a Party to the conflict (APGC77 Art 47.d), they are mercenary soldiers, if one does not consider the United States to be a party to the U.S. Occupation of Iraq. However, those who acknowledge the United States to be a party to the conflict would insist that U.S. armed guards cannot be called mercenaries (APGC77 Art 47.d). If no trial of accused mercenaries occurs, allegations evaporate in the heat of accusations and counter-accusations and denials. Coalition soldiers in Iraq supporting the interim Iraqi government are not mercenaries, because they either are of the armed forces of a Party to the conflict or they have been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces (APGC77 Art 47.f).
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[6]. Critics have argued that the convention and APGC77 Art. 47 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[7].
See also privateer, Letter of marque, private military contractor.
Gurkhas in the British Army swear allegiance to the British monarch, operate in formed units of the British Army and abide the rules and regulations under which all British soldiers serve;[11] similar rules apply to Gurkhas of the Indian Army. French Foreign Legionnaires are formed units of 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 mercenary soldiers per APGC77 Art 47.e and APGC77 Art 47.f.
Private paramilitary forces are functionally mercenary armies, not security guards or advisors; however, national governments reserve the right to control the number, nature, and armaments of such private armies, arguing that, provided they are not pro-actively employed in front-line combat, they are not mercenaries. That said, PMC "civilian contractors" have poor repute among professional government soldiers and officers — the US Military Command have questioned their war zone behavior. In September 2005, Brigadier General Karl Horst, deputy commander of the Third Infantry Division charged with Baghdad security after the 2003 invasion, said of DynCorp and other PMCs in Iraq: These guys run loose in this country and do stupid stuff. There's no authority over them, so you can't come down on them hard when they escalate force... They shoot people, and someone else has to deal with the aftermath. It happens all over the place.[13]
If PMC employees participate in pro-active combat, the press call them mercenaries, and the PMCs mercenary companies. In the 1990s, four news media-identified mercenary companies, and the wars were:
The United Nations disapprove of PMCs (still, the UN hired Executive Outcomes for African logistic support work). Controversy arose elsewhere, Dyncorp's pedophiliac sex trafficking in Bosnia during the Balkan war of the 1990s. The question is whether or not PMC soldiers are as accountable for their war zone actions as are the Bosniak armed forces. A common argument for using PMCs (used by the PMCs themselves; Sandline's Corp's whitepapers), is that PMCs may be help combat genocide and civilian slaughter where the UN are unwilling or unable to intervene.[14] In February 2002, a British Foreign and Commonwealth Office (FCO) report about PMCs noted that the military service demands of the UN and international civil organizations might mean that it is cheaper to pay PMCs than use soldiers. Yet, then, after considering using PMCs to support UN operations, the UN Secretary General, Kofi Annan, decided against it.[15]
Many of the adventurers in Africa who have been described as mercenaries were in fact ideologically motivated to support particular governments, and would not fight "for the highest bidder". A good example of this would be the British South Africa Police (BSAP), a paramilitary, mounted infantry force formed by the British South Africa Company of Cecil Rhodes in 1889/1890 that evolved and continued until 1970.
Particularly notorious mercenaries include:
Executive Outcomes employees fought on behalf of the MPLA against UNITA in the 1990s in violation of the Lusaka Protocol.
It was planned, it is alleged, by Simon Mann (a founder of Executive Outcomes) a former SAS officer. On 27 August 2004 he was found guilty in Zimbabwe of purchasing arms, allegedly for use in the plot. (He admitted trying to procure dangerous weapons, but said that they were to guard a diamond mine in DR Congo.) It is alleged that there is a paper trail from him which implicates Sir Mark Thatcher, Lord Archer and Ely Calil (a Lebanese-British oil trader).[23]
The BBC reported in an article entitled "Q&A: Equatorial Guinea coup plot":
The BBC reported on 10 September 2004 that in Zimbabwe:
During the early stages of the Second Sino-Japanese War (before Pearl Harbor) America didn't want to become overtly involved in the conflict (due to a non-aggression pact with Japan), yet felt an obligation to assist the Chinese in stopping Japanese aggression. So the United States sent Claire Chennault to assist China and created the American Volunteer Group (AVG), better known as Flying Tigers. The pilots earned roughly $600-700 basic pay per month, plus an extra $500 per confirmed Japanese aircraft that was shot down courtesy of the then Chinese President Chiang Kai-shek.[29]
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 that 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.
In Italy, the condottiero was a military chief offering his troops, the condottieri, to city-states.
During the ages of the Taifa kingdoms of the Iberian peninsula, Christian knights like El Cid could fight for some Muslim ruler against his Christian or Muslim enemies.
The Almogavars originally fought for Catalonia and Aragon, but as the Catalan Company, they followed Roger de Flor in the service of the Byzantine Empire. Spanish (Catalan) and German mercenaries also had prominent role in the Serbian victory over Bulgarians in the Battle of Velbuzd 1330.
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. Such companies typically formed at the ends of periods of conflict, when men-at-arms were no longer needed by their respective governments. The veteran soldiers thus looked for other forms of employment, often becoming mercenaries. 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. The White Company[30] commanded by Sir John Hawkwood is the best known English Free Company of the 14th Century. A Welshman Owain Lawgoch (Owain of the Red Hand) formed a free company and fought for the French against the English during the Hundred Years War, before being assassinated by a Scot by the name of Jon Lamb under the orders of the English Crown in 1378 during the siege of Mortagne[31].
See also: Bertrand du Guesclin, Scottish clan.
Swiss mercenaries were sought after during the late 15th and early 16th centuries as being an effective fighting force, until their somewhat rigid battle formations became vulnerable to arquebuses and artillery being developed at about that period. See Swiss Guard.
It was then that the German landsknechts, colorful mercenaries with a redoubtable reputation, took over the Swiss forces' legacy and became the most formidable force of the late 15th and throughout the 16th century, being hired by all the powers in Europe and often fighting at opposite sides.
St Thomas More in his Utopia advocated the use of mercenaries in preference to citizens. The barbarian mercenaries employed by the Utopians are thought to be inspired by the Swiss mercenaries.
At approximately the same period, Niccolò Machiavelli argued against the use of mercenary armies in his masterpiece 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.
After the signing of the Treaty of Limerick (1691) the soldiers of the Irish Army who left Ireland for France took part in what is known as the Flight of the Wild Geese. Subsequently, many made a living from working as mercenaries for continental armies, the most famous of whom was Patrick Sarsfield, who, having fallen mortally wounded at the Battle of Landen fighting for the French, said "If this was only for Ireland".[32]
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 were also a Scottish (Royal-Écossais), a Swedish (Royal-Suédois), an Italian (Royal-Italien) and a Walloon (Horion-Liegeois) regiments 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.
The Spanish Army also made use of permanently established foreign regiments. These comprised three Irish regiments (Irlanda, Hiberni and Ultonia); one Italian (Napoles) and five Swiss (Wimpssen, Reding, Betschart, Traxer and Preux). In addition one regiment of the Royal Guard was recruited from Walloons. The last of these foreign regiments was disbanded in 1815, following recruiting difficulties during the Napoleonic Wars. One complication arising from the use of non-national troops occurred at the Battle of Bailén in 1808 when the "red Swiss" (so-called from their uniforms) of the invading French Army clashed bloodily with "blue Swiss" in the Spanish service.
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As a result of the assumption that a mercenary is exclusively motivated by money, the term "mercenary" carries negative connotations. There is a blur in the distinction between a "mercenary" and a "foreign volunteer", when the primary motive of a soldier in a foreign army is uncertain. For instance the French Foreign Legion and the Gurkhas are not mercenaries under the laws of war, but some journalists do describe them as mercenaries.[3][4]
Modern day mercenary organizations are called private military companies.
Mercenaries and the laws of war
- See also:
While the United States and many other countries are not signatories to the Protocol Additional GC 1977 (APGC77), it provides the most widely accepted international definition of a mercenary, albeit one not universally accepted. In 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 it is stated:
Art 47. Mercenaries
- 1. A mercenary shall not have the right to be a combatant or a prisoner of 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 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 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.
According to the GC III, a captured soldier must be treated as a lawful combatant, and, therefore, is a Protected Person, with Prisoner of War (PoW) status until facing a competent tribunal (GC III Art 5). That tribunal may decide that the soldier is a mercenary using criteria in APGC77 or some equivalent domestic law. At that juncture, the mercenary soldier becomes an unlawful combatant, but still must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial", because they are still covered by GC IV Art 5. The only exception to GC IV Art 5 is if he is a national of the authority imprisoning him, but, in which case, he would not be a mercenary soldier as defined in APGC77 Art 47.d.
If after a regular trial, a captured soldier is found to be a mercenary, then he can expect treatment as a common criminal and may face execution. As mercenary soldiers are not PoWs, they cannot expect repatriation at war's end. The best known post-World War II example of this was on June 28 1976 when at the end of the Luanda Trial an Angolan court sentenced three Britons and an American to death, and nine other mercenaries to prison terms ranging from 16 to 30 years. The four mercenaries sentenced to death were shot by a firing squad on July 10 1976[5].
The legal status of civilian contractors depends upon the nature of their work and their nationalities with respect to that of the combatants. If they have not in fact, taken a direct part in the hostilities (APGC77 Art 47.b) they are not mercenaries but soldiers and are entitled to Geneva Convention protections.
The situation during Operation Iraqi Freedom – shows the difficulty in defining what is a mercenary soldier. While the United States governed Iraq, any U.S. citizen working as an armed guard could not be defined a mercenary, because he was a national of a Party to the conflict (APGC77 Art 47.d). With the hand-over of power to the Iraqi government, some would say that unless they declare themselves residents in Iraq, i.e. a resident of territory controlled by a Party to the conflict (APGC77 Art 47.d), they are mercenary soldiers, if one does not consider the United States to be a party to the U.S. Occupation of Iraq. However, those who acknowledge the United States to be a party to the conflict would insist that U.S. armed guards cannot be called mercenaries (APGC77 Art 47.d). If no trial of accused mercenaries occurs, allegations evaporate in the heat of accusations and counter-accusations and denials. Coalition soldiers in Iraq supporting the interim Iraqi government are not mercenaries, because they either are of the armed forces of a Party to the conflict or they have been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces (APGC77 Art 47.f).
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[6]. Critics have argued that the convention and APGC77 Art. 47 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[7].
See also privateer, Letter of marque, private military contractor.
Mercenaries and municipal (domestic) law
Most countries forbid their citizens fighting in foreign wars unless they are under the control of their own national armed forces:- 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).
- In 1998 South Africa passed the "Foreign Military Assistance Act" that banned citizens and residents from any involvement in foreign wars, except in humanitarian operations, unless a government committee approved its deployment. In 2005, the legislation was reviewed by the government because of South African citizens working as security guards in Iraq during the American Iraq occupation and the consequences of the mercenary soldier sponsorship case against Mark Thatcher for the "possible funding and logistical assistance in relation to an alleged attempted coup in Equatorial Guinea" organized by Simon Mann.[8]
- The Anti-Pinkerton Act of 1893 (5 USC 3108) forbade the US Government from using Pinkerton National Detective Agency employees, or similar private police companies. In 1977, the US Fifth Circuit Court of Appeals interpreted this statute as forbidding the US Government's 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 a disagreement over whether or not this proscription is limited to the use of such forces as strikebreakers, because it is stated thus:
- A US Department of Defense interim rule (effective 16 June 2006) revises DoD Instruction 3020.41 to authorize contractors, other than private security contractors, to use deadly force against enemy armed forces only in self-defense. 71 Fed. Reg. 34826. Per that interim rule, private security contractors are authorized to use deadly force when protecting their client's assets and persons, consistent with their contract's mission statement. [One interpretation is that this authorizes contractors to engage in combat on behalf of the US Government.] It is the combatant commander's responsibility to ensure that private security contract mission statements do not authorize performance of inherently Governmental military functions, i.e. preemptive attacks or assaults or raids, et cetera. Otherwise, civilians with US Armed Forces lose their law of war protection from direct attack, if and for such time as they directly participate in hostilities. On 18 August 2006, the US Comptroller General rejected bid protest arguments that US Army contracts violated the Anti-Pinkerton Act by requiring that contractors provide armed convoy escort vehicles and labor, weapons, and equipment for internal security operations at Victory Base Complex, Iraq. The Comptroller General reasoned the act was unviolated, because the contracts did not require contractors to provide quasi-military forces as strikebreakers.[9] Yet, on 1 June 2007, the WASHINGTON POST newspaper reported: A federal judge yesterday ordered the military to temporarily refrain from awarding the largest security contract in Iraq. The order followed an unusual series of events set off when a U.S. Army veteran, Brian X. Scott, filed a protest against the government practice of hiring what he calls mercenaries, according to sources familiar with the matter. The contract, worth about $475 million, calls for a private company to provide intelligence services to the US Army and security for the Army Corps of Engineers on reconstruction work in Iraq. The case, which is being heard by the US Court of Federal Claims, puts on trial one of the most controversial and least understood aspects of the Iraq war: the outsourcing of military security to an estimated 20,000 armed contractors who operate with little oversight.[10]
- In 1927, Switzerland banned its nationals from serving as mercenaries, except for being the Vatican Swiss Guards.
- In Austria, anyone who voluntarily serves in the armed forces of another country automatically loses Austrian citizenship.
- Great Britain passed the Foreign Enlistment Act in the late 18th century, making it illegal for British subjects to join the armed forces of any state warring with another state at peace with Great Britain. In the Greek War of Independence British volunteers fought with the Greek rebels, which could have been illegal; it was unclear whether or not the Greek rebels were a "state" per the Foreign Enlistment Act, but the law was clarified, saying that the rebels were a state. The government considered using the Act against British subjects fighting for the International Brigade in the Spanish Civil War and the FNLA in the Angolan Civil War (see above); nothing happened.
- Note the existence of the Atholl Highlanders, apparently Europe's only legal, private army. By a quirk of history, this is a Scottish regiment, not part of the British Army, commanded by the Duke of Atholl; today it is a primarily ceremonial uniformed force.
- In Italy, it is illegal to recruit Italians on Italian soil for fighting in behalf of a foreign government without the approval of the Italian government.
Gurkhas and Foreign Legionnaires
The better-known combat units in which foreign nationals serve in another country's armed forces are the Gurkha regiments of the British and Indian armies, and the French Foreign Legion.Gurkhas in the British Army swear allegiance to the British monarch, operate in formed units of the British Army and abide the rules and regulations under which all British soldiers serve;[11] similar rules apply to Gurkhas of the Indian Army. French Foreign Legionnaires are formed units of 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 mercenary soldiers per APGC77 Art 47.e and APGC77 Art 47.f.
Private Military Companies (PMCs)
The Private military company (PMC) is the contemporary strand of the mercenary trade, providing logistics, soldiers, military training, and other services. Thus, PMC contractors are civilians (in governmental, international, and civil organizations) authorized to accompany an army to the field; hence, the term civilian contractor. Nevertheless, PMCs may use armed force, hence defined as: legally established enterprises that make a profit, by either providing services involving the potential exercise of [armed] force in a systematic way and by military means, and/or by the transfer of that potential to clients through training and other practices, such as logistics support, equipment procurement, and intelligence gathering.[12]Private paramilitary forces are functionally mercenary armies, not security guards or advisors; however, national governments reserve the right to control the number, nature, and armaments of such private armies, arguing that, provided they are not pro-actively employed in front-line combat, they are not mercenaries. That said, PMC "civilian contractors" have poor repute among professional government soldiers and officers — the US Military Command have questioned their war zone behavior. In September 2005, Brigadier General Karl Horst, deputy commander of the Third Infantry Division charged with Baghdad security after the 2003 invasion, said of DynCorp and other PMCs in Iraq: These guys run loose in this country and do stupid stuff. There's no authority over them, so you can't come down on them hard when they escalate force... They shoot people, and someone else has to deal with the aftermath. It happens all over the place.[13]
If PMC employees participate in pro-active combat, the press call them mercenaries, and the PMCs mercenary companies. In the 1990s, four news media-identified mercenary companies, and the wars were:
- Executive Outcomes - Angola, Sierra Leone, and other locations worldwide (closed 31 December 1998)
- Sandline International - Papua New Guinea, Sierra Leone (closed 16 April 2004)
- Gurkha Security Guards, Ltd - Sierra Leone.
- DynCorp International - Bosnia, Somalia, Angola, Haiti, Colombia, Kosovo, Kuwait, Afghanistan (active)
- Defensecurity http://www.defensecurity.com - Iraq, Afġānistān, Kuwait, Colobia, Kossovo, East Timor (active)
The United Nations disapprove of PMCs (still, the UN hired Executive Outcomes for African logistic support work). Controversy arose elsewhere, Dyncorp's pedophiliac sex trafficking in Bosnia during the Balkan war of the 1990s. The question is whether or not PMC soldiers are as accountable for their war zone actions as are the Bosniak armed forces. A common argument for using PMCs (used by the PMCs themselves; Sandline's Corp's whitepapers), is that PMCs may be help combat genocide and civilian slaughter where the UN are unwilling or unable to intervene.[14] In February 2002, a British Foreign and Commonwealth Office (FCO) report about PMCs noted that the military service demands of the UN and international civil organizations might mean that it is cheaper to pay PMCs than use soldiers. Yet, then, after considering using PMCs to support UN operations, the UN Secretary General, Kofi Annan, decided against it.[15]
Mercenaries through history
Africa
Ancient Egypt
An early recorded use of foreign auxiliaries dates back to Ancient Egypt, the thirteenth century BC, when Pharaoh Ramesses II used 11,000 mercenaries during his battles. A long established foreign corps in the Egyptian forces were the Medjay - a generic term given to tribal scouts and light infantry recruited from Nubia serving from the late period of the Old Kingdom through that of the New Kingdom. Other warriors recruited from outside the borders of Egypt included Libyan, Syrian and Canaanite contingents under the New Kingdom and Sherdens from Sardinia who appear in their distinctive horned helmets on wall paintings as body guards for Ramesses II. [16]20th century
In the 20th century, mercenaries have been mostly involved in conflicts on the continent of Africa. There have been a number of unsavory incidents in the brushfire wars of Africa, some involving recruitment of naïve European and American men "looking for adventure" and thrusting them into combat situations where they would not survive to get paid.Many of the adventurers in Africa who have been described as mercenaries were in fact ideologically motivated to support particular governments, and would not fight "for the highest bidder". A good example of this would be the British South Africa Police (BSAP), a paramilitary, mounted infantry force formed by the British South Africa Company of Cecil Rhodes in 1889/1890 that evolved and continued until 1970.
Particularly notorious mercenaries include:
- Mike Hoare was involved in the Congo Crisis in the early 1960s and a failed coup in Seychelles in 1978.
- Bob Denard was involved in numerous African campaigns in many countries, often with the covert support of France. However, his particular specialty was intervening in the Comoros. The last time was in 1995, when he staged a coup which failed (the military of the French Government intervened to oust Denard).
- Simon Mann was involved with Executive Outcomes ventures in Angola and Sierra Leone (see below). In 2004 he was found guilty in Zimbabwe of "attempting to buy weapons" (BBC 27 August) allegedly for a coup in Equatorial Guinea (see below).
Biafra
Mercenaries fought for the Biafrans in the Fourth Commando Brigade during the Nigerian Civil War, (1967-1970).[17] Other mercenaries flew aircraft for the Biafrans. In October 1966, for example, a Royal Air Burundi DC-4M Argonaut, flown by mercenary Heinrich Wartski, also known as Henry Wharton, crashlanded in Cameroon with military supplies destined for Biafra.[18]Angola
In the mid-1970s John Banks, a Briton, recruited mercenaries to fight for the National Front for the Liberation of Angola (FNLA) against the Popular Movement for the Liberation of Angola (MPLA) in the civil war that broke out when Angola gained independence from Portugal in 1975. When captured, John Derek Barker's role as a leader of mercenaries in Northern Angola led the judges to send him to face the firing squad. Nine others were imprisoned. Three more were executed: American Daniel Gearhart was sentenced to death for advertising himself as a mercenary in an American newspaper; Andrew McKenzie and Costas Georgiou (the self styled "Colonel Callan"), who had both served in the British army, were sentenced to death for murder.[5]Executive Outcomes employees fought on behalf of the MPLA against UNITA in the 1990s in violation of the Lusaka Protocol.
Sierra Leone
American Robert C. MacKenzie was killed in the Malal Hills in February 1995, while commanding Gurkha Security Guards (GSG) in Sierra Leone. GSG pulled out soon afterwards and was replaced by Executive Outcomes. Both were employed by the Sierra Leone government as military advisers and to train the government soldiers. It has been alleged that the firms provided soldiers who took an active part in the fighting against the Revolutionary United Front (RUF).Equatorial Guinea
- Defendant Nick du Toit said he was introduced to Thatcher in South Africa last year by Simon Mann, the leader of 70 men arrested in Zimbabwe in March suspected of being a group of mercenaries heading to Equatorial Guinea.[22]
It was planned, it is alleged, by Simon Mann (a founder of Executive Outcomes) a former SAS officer. On 27 August 2004 he was found guilty in Zimbabwe of purchasing arms, allegedly for use in the plot. (He admitted trying to procure dangerous weapons, but said that they were to guard a diamond mine in DR Congo.) It is alleged that there is a paper trail from him which implicates Sir Mark Thatcher, Lord Archer and Ely Calil (a Lebanese-British oil trader).[23]
The BBC reported in an article entitled "Q&A: Equatorial Guinea coup plot":
- The BBC's Newsnight television programme saw the financial records of Simon Mann's companies showing large payments to Nick du Toit and also some $2m coming in - though the source of this funding they say is largely untraceable.[24]
The BBC reported on 10 September 2004 that in Zimbabwe:
- [Simon Mann], the British leader of a group of 67 alleged mercenaries accused of plotting a coup in Equatorial Guinea has been sentenced to seven years in jail... The other passengers got 12 months in jail for breaking immigration laws while the two pilots got 16 months...The court also ordered the seizure of Mann's $3m Boeing 727 and $180,000 found on board.[25]
Asia
Mercenaries in the 15th and 16th centuries
The Saika mercenary group[26] of the Kii Province, Japan, played a significant role during the Siege of Ishiyama Hongan-ji that took place between August 1570 to August 1580. The Saikashuu were famed for the support of Ikko Buddhist sect movements and greatly impeded the advance of Oda Nobunaga's forces.20th century
In the warlord period of China, many American and English mercenaries thrived such as Homer Lea, Philo Norton McGriffin,[27], Morris Cohen, and Francis Arthur "One Armed Sutton".[28]During the early stages of the Second Sino-Japanese War (before Pearl Harbor) America didn't want to become overtly involved in the conflict (due to a non-aggression pact with Japan), yet felt an obligation to assist the Chinese in stopping Japanese aggression. So the United States sent Claire Chennault to assist China and created the American Volunteer Group (AVG), better known as Flying Tigers. The pilots earned roughly $600-700 basic pay per month, plus an extra $500 per confirmed Japanese aircraft that was shot down courtesy of the then Chinese President Chiang Kai-shek.[29]
Europe
Mercenaries in the classic era
Many Greek mercenaries fought for the Persian Empire during the early classic era. For example:- Xerxes I, king of Persia, who invaded Greece in 484 BC employed Greek mercenaries. The best remembered is Demaratus, for his warning to Xerxes not to underestimate the Spartans before the Battle of Thermopylae.
- In Anabasis, Xenophon recounts how Cyrus the Younger hired a large army of Greek mercenaries (the "Ten Thousand") in 401 BC to seize the throne of Persia from his brother, Artaxerxes II. Though Cyrus' army was victorious at the Battle of Cunaxa, Cyrus himself was killed in battle and the expedition rendered moot. Stranded deep in enemy territory, the Spartan general Clearchus and most of the other Greek generals were subsequently killed by treachery. Xenophon played an instrumental role in encouraging "The Ten Thousand" Greek army to march north to the Black Sea in an epic fighting retreat.
- Memnon of Rhodes (380–333 BC): was the commander of the Greek mercenaries working for the Persian King Darius III when Alexander the Great of Macedonia invaded Persia in 334 BC and won the Battle of the Granicus River. Alexander also employed Greek mercenaries during his campaigns. These were men who fought for him directly and not those who fought in city-state units attached to his army.
- Carthage contracted Balearic Islands shepherds as slingshooters during the Punic wars against Rome. The vast majority of the Carthaginian military - except the highest officers, the navy, and the home guard - were mercenaries.
- Members of independent Thracian tribes such as the Bessi and Dii often joined the ranks of large organized armies as mercenaries.
- The Sons of Mars were Italian mercenaries used by the Greek kings of Syracuse until after the Punic Wars.
- Celtic mercenaries were a staple of many ancient armies. The king of Bythnia hired Galatians to his armies and gave them a parcel of land, which became Galatia, after their defeat, brought on by their raids and warfare against the various cities in the regions. There were also the semi-mythic amsaig, noted foremost as the mercenaries of Cu Chullain, but the term advanced later as a term for various Gaelic mercenaries. Another figure in oral legend, Milesius was given the princess Scota after conducting a successful campaign for Ancient Egypt.
Mercenaries in medieval warfare
Byzantine Emperors followed the Roman practice and contracted foreigners especially for their personal corps guard called the Varangian Guard. They were chosen among war-prone peoples, of whom the Varangians (Vikings) were preferred. Their mission was to protect the Emperor and Empire and since they did not have links to the Greeks, they were expected to be ready to suppress rebellions. One of the most famous guards was the future king Harald III of Norway, also known as Harald Hardrada ("Hardreign"), who arrived in Constantinople in 1035 and was employed as a Varangian Guard. He participated in eighteen battles and became Akolythos, the commander of the Guard, before returning home in 1043. He was killed at the Battle of Stamford Bridge in 1066 when his army was defeated by an English army commanded by King Harold Godwinson.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 that 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.
In Italy, the condottiero was a military chief offering his troops, the condottieri, to city-states.
During the ages of the Taifa kingdoms of the Iberian peninsula, Christian knights like El Cid could fight for some Muslim ruler against his Christian or Muslim enemies.
The Almogavars originally fought for Catalonia and Aragon, but as the Catalan Company, they followed Roger de Flor in the service of the Byzantine Empire. Spanish (Catalan) and German mercenaries also had prominent role in the Serbian victory over Bulgarians in the Battle of Velbuzd 1330.
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. Such companies typically formed at the ends of periods of conflict, when men-at-arms were no longer needed by their respective governments. The veteran soldiers thus looked for other forms of employment, often becoming mercenaries. 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. The White Company[30] commanded by Sir John Hawkwood is the best known English Free Company of the 14th Century. A Welshman Owain Lawgoch (Owain of the Red Hand) formed a free company and fought for the French against the English during the Hundred Years War, before being assassinated by a Scot by the name of Jon Lamb under the orders of the English Crown in 1378 during the siege of Mortagne[31].
See also: Bertrand du Guesclin, Scottish clan.
Mercenaries in the 15th and 16th centuries
Pier Gerlofs Donia, a legendary folk hero, freedom fighter and warrior annex pirate, lead a group of highly trained mercenaries , the Arumer Black Heap. They fought (mainly), against other mercenaries such as the Count of Nychlenborch, a Frisian nobleman, Burgundian-vassal and warrior by trade.Swiss mercenaries were sought after during the late 15th and early 16th centuries as being an effective fighting force, until their somewhat rigid battle formations became vulnerable to arquebuses and artillery being developed at about that period. See Swiss Guard.
It was then that the German landsknechts, colorful mercenaries with a redoubtable reputation, took over the Swiss forces' legacy and became the most formidable force of the late 15th and throughout the 16th century, being hired by all the powers in Europe and often fighting at opposite sides.
St Thomas More in his Utopia advocated the use of mercenaries in preference to citizens. The barbarian mercenaries employed by the Utopians are thought to be inspired by the Swiss mercenaries.
At approximately the same period, Niccolò Machiavelli argued against the use of mercenary armies in his masterpiece 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.
Mercenaries in the 17th and 18th centuries
During the 17th and 18th century extensive use was made of foreign recruits in the now regimented and highly drilled armies of Europe, beginning in a systematised way with the Thirty Years Wars.After the signing of the Treaty of Limerick (1691) the soldiers of the Irish Army who left Ireland for France took part in what is known as the Flight of the Wild Geese. Subsequently, many made a living from working as mercenaries for continental armies, the most famous of whom was Patrick Sarsfield, who, having fallen mortally wounded at the Battle of Landen fighting for the French, said "If this was only for Ireland".[32]
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 were also a Scottish (Royal-Écossais), a Swedish (Royal-Suédois), an Italian (Royal-Italien) and a Walloon (Horion-Liegeois) regiments 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.
The Spanish Army also made use of permanently established foreign regiments. These comprised three Irish regiments (Irlanda, Hiberni and Ultonia); one Italian (Napoles) and five Swiss (Wimpssen, Reding, Betschart, Traxer and Preux). In addition one regiment of the Royal Guard was recruited from Walloons. The last of these foreign regiments was disbanded in 1815, following recruiting difficulties during the Napoleonic Wars. One complication arising from the use of non-national troops occurred at the Battle of Bailén in 1808 when the "red Swiss" (so-called from their uniforms) of the invading French Army clashed bloodily with "blue Swiss" in the Spanish service.
Mercenaries in popular culture
See also
- Mercenary War (c.240 BC) — also called the Libyan War and the Truceless War by Polybius — was an uprising of mercenary armies formerly in the employ of Carthage, backed by Libyan settlements revolting against Carthaginian control.
- International Peace Operations Association
- Private military company
- Private defense agency
- UN Mercenary Convention
- Unlawful combatant#Mercenaries
- Shadow Company is an award winning film supported by both Amnesty Int. and Blackwater as a "balanced" documentary presenting the history, range and modern issues surrounding the existence and use of mercenaries/PMCs
References
- Bernales-Ballesteros, Enrique; UNHCHR: Special Rapporteur of the Commission on Human Rights on use of mercenaries
- Bodin J; Les Suisses au Service de la France; Editions Albion Michael, 1988. ISBN 2-226-03334-3
- Chartrand, Rene; "Louis XV's Army - Foreign Infantry"; Osprey 1997. ISBN 1-85532-623-X
- Chartrand, Rene; " Spanish Army of the Napoleonic Wars 1793-1808"; Osprey 1998. ISBN 1-1-85532-763-5
- Milliard, Todd S.; Overcoming post-colonial myopia: A call to recognize and regulate private military companies(PDF), in Military Law Review Vol 173, June 2003. At the time of publication Major Milliard was a Judge Advocate in the Judge Advocate General's Corps, U.S. Army.
Further reading
- General
- United Nations Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination
- Resolution 2005/2 (for 3 years)
- Mercenaries: Report of the Special Rapporteur (1998) website called Human Rights system
- PMCs Monitor: An International Organization which advocates for tighter rules
- Kennedy, Bruce. Soldiers of misfortune a CNN Interactive special on mercenaries
- Pelton, Robert Young. Hunter Hammer and Heaven, Journeys to Three World's Gone Mad, ISBN 1-58574-416-6
- Scahill, Jeremy. , Nation Books, 2007. ISBN 1-56025-979-5
- PMCs
- Pelton, Robert Young; Licensed to Kill: Hired Guns in the War on Terror, Crown, (2006), ISBN 1400097819
- Mercenary / Private Military Companies (PMCs): Links for mercenary related articles
- Other
- Military science in western europe in the sixteenth century. Prologue:The nature of armies in the 16th century (pdf): A given army often included numerous nationalities and languages. The normal Landsknecht regiment included one interpreter per 400 men, and interpreters were commonly budgeted for in the staffs of the field armies of the French, and of German reiter regiments as well. Fluency in multiple languages was a valuable skill for a captain, given that it was not uncommon for armies to consist of a majority of foreign nationals.
Footnotes
1. ^ Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol 1) Article 47
2. ^ Websters Dictionary defines a mercenary as "one that serves merely for wages; especially a soldier hire."
3. ^ Hall, Macer. Student joins Foreign Legion for his gap year Sunday Telegraph, 19 March 2000
4. ^ McLynn, Frank. Killer elite New Statesman 17 January
5. ^ 1976: Death sentence for mercenaries BBC On this day June 28
6. ^ International Convention against the Recruitment, Use, Financing and Training of Mercenaries A/RES/44/34 72nd plenary meeting 4 December 1989 (UN Mercenary Convention) Entry into force: 20 October 2001
7. ^ Milliard References Page 5. Paragraph 1
8. ^ Reuters South Africa to review mercenary law, targets Iraq February 2005
9. ^ Brian X. Scott B-298370; B-298490, August 18, 2006,
10. ^ [1] - dyn/content/article/2007/06/01/AR2007060102261.html
11. ^ Gurkha terms and conditions of service
12. ^ What is a Private Military Company or PMC? Web article cites Ortiz, Carlos. Regulating Private Military Companies: States and the Expanding Business of Commercial Security Provision, in L. Assassi, D. Wigan and K. van der Pijl (eds). Global Regulation. Managing Crises After the Imperial Turn. Houndmills / New York, Palgrave Macmillan, 2004, p. 206.
13. ^ Jonathan Finer Security Contractors in Iraq Under Scrutiny after Shootings Washington Post September 10, 2005.(a backup site)
14. ^
2. ^ Websters Dictionary defines a mercenary as "one that serves merely for wages; especially a soldier hire."
3. ^ Hall, Macer. Student joins Foreign Legion for his gap year Sunday Telegraph, 19 March 2000
4. ^ McLynn, Frank. Killer elite New Statesman 17 January
5. ^ 1976: Death sentence for mercenaries BBC On this day June 28
6. ^ International Convention against the Recruitment, Use, Financing and Training of Mercenaries A/RES/44/34 72nd plenary meeting 4 December 1989 (UN Mercenary Convention) Entry into force: 20 October 2001
7. ^ Milliard References Page 5. Paragraph 1
8. ^ Reuters South Africa to review mercenary law, targets Iraq February 2005
9. ^ Brian X. Scott B-298370; B-298490, August 18, 2006,
10. ^ [1] - dyn/content/article/2007/06/01/AR2007060102261.html
11. ^ Gurkha terms and conditions of service
12. ^ What is a Private Military Company or PMC? Web article cites Ortiz, Carlos. Regulating Private Military Companies: States and the Expanding Business of Commercial Security Provision, in L. Assassi, D. Wigan and K. van der Pijl (eds). Global Regulation. Managing Crises After the Imperial Turn. Houndmills / New York, Palgrave Macmillan, 2004, p. 206.
13. ^ Jonathan Finer Security Contractors in Iraq Under Scrutiny after Shootings Washington Post September 10, 2005.(a backup site)
14. ^
- Privatising Protection by David Shearer in The World Today (RIIA) Published by Chatam House
- Peacekeepers, Inc. by P.W. Singer in the Policy Review Published by the Hoover Institution
- Peacekeepers, Inc. by P.W. Singer in the Policy Review June 2003 this copy available at the The Brookings Institution
- Dogs of Peace by Eric Pape and Michael Meyer in Newsweek International
15. ^ Dogs of war into doves of peace BBC 11 November, 2002
16. ^ Healy, Mark; New Kingdom Egypt; ISBN 185532-208-0; Page ??
17. ^ The Mercenaries in Time Magazine October 25, 1968
18. ^ Tom Cooper Civil War in Nigeria (Biafra), 1967-1970 November 13, 2003. Second paragraph.
19. ^ Adam Roberts The Wonga Coup, Profile Books Ltd, ISBN 1861979347.
20. ^ How oil brought the dogs of war back to Malabo The Independent September 2 2004
21. ^ Allan Laing "'Scratcher' and the battle for Guinea" Glasgow Herald 26 August 2004
22. ^ CNN MALABO, Equatorial Guinea (Reuters) Nick du Toit said he was introduced to Thatcher in South Africa last year by Simon Mann, 25 August 2004:
23. ^ BBC Mann guilty of purchasing weapons 27 August 2004
24. ^ BBC Q&A: Equatorial Guinea coup plot 13 January, 2005
25. ^ BBC Zimbabwe jails UK 'coup plotter' 10 September, 2004
26. ^ 雑賀衆,
27. ^ Davis, Richard Harding Real Soldiers of Fortune (1906)
28. ^ Drage, Charles General of Fortune (1954)
29. ^ Pamela Feltus Claire Chennault and the Flying Tigers of World War II on the U.S. Government web site of U.S Centennial of Flight Commission.
30. ^ Project Gutenberg e-text of The White Company by Arthur Conan Doyle
31. ^ Owain Lawgoch (English:Owain of the Red Hand, French:Yvain de Galles)
32. ^ Patrick Sarsfield Wild Geese Heritage Museum and Library
''This page discusses foreign volunteers who are serving in forces of a country other than their own, but who are not primarily motivated by personal profit. For soldiers recruited in colonies, see: Colonial troops.
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French Foreign Legion (French: Légion étrangère) is a unique elite unit within the French Army established in 1831. It was created as a unit for foreign volunteers, because foreigners were forbidden to enlist in the French Army after
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Gurkha, also spelled as Gorkha, are people from Nepal and parts of North India, who take their name from the eighth century Hindu warrior-saint Guru Gorakhnath. His disciple Bappa Rawal, born Prince Kalbhoj/Prince Shailadhish, founded the house of Mewar.
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Protocol 1)
Adopted on June 8, 1977 by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts
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Protocol I is an amendment to the Geneva Conventions.Adopted on June 8, 1977 by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts
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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]. One time Judge Advocate Todds S.
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letter of marque and reprisal is an official warrant or commission from a government authorizing the designated agent to search, seize, or destroy specified assets or personnel belonging to a party which has committed some offense under the laws of nations against the assets or
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A private military company (PMC) provides specialised expertise or services of a military nature, sometimes called or classified as mercenary ("soldiers for hire").[1] Such companies are equally known as Private Security Contractors (PSCs),
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