Spy and Mercenary
1.0 Introduction
According to the Black Law Dictionary, espionage or espionage refers to the crime of collecting, disseminating or losing national defense information, which is the reason for deliberately or believing that such information will harm the United States or be used for foreign interests. Spies help intelligence agencies discover secret information and understand the tactics of the enemy. Many governments and civil society organizations usually maintain a policy of not commenting on this, but often monitor allies and enemies. The government also employs representatives of private companies to collect information.
In 1907, the Hague Regulations stipulated that a person could be considered a spy only if he tried to obtain or obtain information under secret or false pretexts in the operational area of the belligerent with the intention of transmitting the information to the enemy. Therefore, in order to obtain information, soldiers who do not wear camouflage to enter the enemy’s operation area are not considered as spies. Similarly, the following personnel are not considered as spies, soldiers or civilians who publicly perform tasks. They entrust their own troops or the enemy to send tasks. Similarly, people in this category are sent to balloons for the purpose of transmitting messages or maintaining communication between different parts of the military or territory.
In addition, according to the Black Law Dictionary, mercenaries come from the Latin word “mercenaries”, which means lucky soldiers. Mercenaries refer to individuals who are employed in armed conflict but do not belong to the regular army or other government forces. Their sole motive is self-interest. In the last century, mercenaries were increasingly regarded as ineligible to be protected by the rules of war as non mercenaries. The Geneva Conventions declare that mercenaries are not considered legal or (or) legitimate combatants and do not need legal protection such as those captured by regular troops. In fact, whether a person is a foreign aid or not, financial and political interests may overlap, so it will become a problem to some extent.
2.0 Historical background of using spies and mercenaries
The use of spies and mercenaries can be traced back to ancient times. The Bible records that Joshua and Calais were engaged in espionage activities in Canaan land and received good reports. It is recorded that mercenaries were used in the First and Second World Wars, One of them was the famous Matahari who worked as a spy for Germany in the First World War. In Congo, from 1960 to 1963, the shop owner in Katanga hired mercenaries. In 1964, the governments of Tsombe and Mobutu also hired mercenaries to fight against Zimbabwe. This was the first time after the Spanish civil war. The conscription work in Congo was carried out openly and extensively during the propaganda. The mission was sent to Berjik and France. After 1961, even the Republic of South Africa opened a conscription card room
During the Nigerian civil war, there were also records of spies and mercenaries being used by government forces and Bibra forces. Similarly, in the Boko Haram repulsion war in 2015, mercenaries were brought from the Republic of South Africa, and great success was achieved during this period. Recently, some farmers were killed in the paddy fields of Mali village in Java, and Governor Bono fought against Nigeria in Boko Haram. He suggested seeking help from foreign aid in the war withdrawal. Although some scholars believe that the members of the terrible Boko Haran sect are not Nigerians, the only purpose of employing foreign aid is to destabilize the government.
3.0 Legal Status of Spy and Mercenary (Spy)
According to the laws of many countries, espionage is a crime. The United States was protected by the Espionage Act in 1917, and Nigeria was protected by the Nigerian Military Manual in 1994. The dangers of espionage vary. Spies who violate the Host Country Law may be expelled, imprisoned or even executed. Spy or espionage refers to an attempt to collect or collect information about military forces through false statements or deliberate secret acts. Generally speaking, spies who participate in hostile acts will be punished for their participation, but they must go through a fair trial and provide all judicial guarantees. Article 30 of the Hague Regulations of 1899 is similar to the Regulations of 1907. Without prior trial, spies involved in this act shall not be punished. Article 31 further stipulates that if a spy is captured by the enemy after rejoining his army, he will be considered a prisoner and will not be responsible for any previous espionage. Therefore, the captured spy means to be tried and dealt with according to the current law of the army that arrested him. When a spy rejoins his own army, if he is captured by the enemy, he will be regarded as a prisoner and will not bear any responsibility for his previous actions. Article 46 (1) of the First Protocol of 1977 (APGC 77) stipulates that, despite other provisions of the Agreement or this Protocol, all members of the armed forces of the parties to the dispute, when engaged in espionage activities, have no right to obtain the status of a prisoner if they fall within the power of the hostile party, and can be regarded as spies.
In addition, article 45, paragraph 3, stipulates that anyone who has participated in hostilities has no right to obtain the status of a prisoner of war, and those who cannot enjoy more preferential treatment under the Fourth Convention are entitled to the protection of article 75 of this Protocol at any time. Article 5 stipulates that, in the occupied territory, if an individual protected person is detained by a spy, he or she shall still receive humanitarian treatment, and the fair and normal rights stipulated in this Agreement cannot be deprived during the trial.
In addition, article 47 stipulates the status and treatment of mercenaries. So you can:
Foreign aid has no right to become combatants or prisoners.
Mercenaries are:
In order to fight in armed conflict, they are specially recruited locally or abroad.
In fact, whether they are directly involved in hostilities.
Participated in hostilities mainly for selfish motives. In fact, a party to the conflict or its representative promised substantial compensation far exceeding the compensation promised or paid by combatants with similar levels and functions of the armed forces of that party;
Neither a national of the party to the conflict nor a resident of the territory controlled by the party to the conflict;
Not a member of the armed forces of a party to the conflict; and
A country that is not a party to a dispute is officially dispatched as a member of the armed forces.
In short, spies are recognized as prisoners of war by agreement and protected. Mercenaries are regarded as illegal combatants because they do not have or enjoy the status of prisoners of war under international humanitarian law.
In 1945, in the Sandrak Incident (Almelo Trial), the British Almelo Military Court held that members of the captured opposition forces or civilian residents suspected of spying had been killed in the occupied territory, and admitted that the accused had killed British soldiers accused of spying without trial.
Similarly, in the Dostler incident heard by the American Military Commission in Rome in 1945, the defendant was the commander of the German legion. In violation of the Hague Regulations of 1907 and the long established laws and customs of war, he ordered 15 American prisoners to be shot. According to the Ministry of Defense, American soldiers do not wear special badges and their mission is to destroy. The defence therefore acknowledged that they were not entitled to the privileges of legitimate belligerents. Lawyers admitted that even if they were considered spies, they had the right to a legal trial.
If scholars have doubts about the identity of people captured due to hostile acts, they should be regarded as prisoners in a regularly constituted court and treated according to (or) the principle of common humanity until their identity is determined. If the court determines that a prisoner is a legal combatant, the prisoner has the right to obtain the status of a prisoner, but at this juncture, the mercenary will become an illegal combatant. But must still be ”. “Humanitarian treatment should not deprive the right to a fair and regular trial at the time of trial.” It is still protected by law. The only exception is that the captured foreign aid is a national of his authorities, in which case he will not be a foreign aid soldier. If a soldier captured after a regular trial is found to be a mercenary, he may be treated as an ordinary criminal and face execution. This is because mercenary soldiers may not qualify as soldiers after the Second World War, so they cannot be expected to be repatriated at the end of the war. For example, on June 28, 1976, at the end of the trial in Luanda, the Angolan court sentenced three British and one American to death, and sentenced nine other mercenaries to 16-30 years’ imprisonment. On July 10, 1976, four foreign aid workers sentenced to death were shot dead by firing squad.
The legal status of civilian contractors is determined by the nature of their business and the nationality of their combatants. “If not, in fact, they directly participated in the hostilities. They are not mercenaries, but civilians who have a non combat support role and are entitled to be protected under the Third Geneva Convention.
On December 4, 1989, the United Nations adopted a resolution in the international agreement on the recruitment, use, support and opposition to the training of mercenaries. The agreement, which entered into force on 20 October 2001, is generally considered a United Nations mercenary agreement. The definition of mercenaries in Article 1 of the Agreement is similar to that in Article 47 of Part I of the Protocol, but Article 1.2 expands the definition to include non nationals who will overthrow “mercenaries”. According to the provisions of Article 1.2 of “The government destroys the national constitutional order or destroys the territorial preservation of a country in other ways” and “Basically participates in, is encouraged by commitment or material compensation with a desire for major private interests”, if a person does not need to directly participate in the hostile act of planning a coup, he cannot become a mercenary. have
Some critics believe that the 1989 United Nations Mercenary Agreement and Article 77 and Article 47 of APGC did not fully solve the problem of sovereign countries using civilian military companies in any way, but were designed to include African mercenary activities in the post colonial era. It is worth noting that the laws of some countries prohibit their citizens from participating in foreign wars unless they are under the control of their own armed forces. According to the definition in article 1 of the United Nations Mercenary Agreement, it is an offence to recruit, use, support or train mercenaries.
For example, in Austria, if a person is proved to work for other countries while maintaining Austrian citizenship, his or her Austrian citizenship will be revoked. In 2003, France defined mercenary activities as crimes according to the definitions of French citizens, permanent residency and legal entities in the Protocol to the Geneva Conventions. The law does not prevent French nationals from volunteering in foreign armies. The Act applies to military activities where the motivation or level of remuneration of a particular mercenary is a mercenary.
4.0 Commercialization of Military Functions
After the end of World War II, many countries had limited personnel in this field, and the demand for expert hands increased in some military operations. This is usually done by modern civilian military companies.
Now, because of the expertise of retired generals/warlords in the past, they are not tired of welfare arts. Because they love better military service. Soldiers are what they know and what they need to make money. Some of them tend to set up these civilian military companies to combat and investigate crimes committed by the government and civil society organizations, and provide modern technology for providing personal security. These companies had previously been associated with the armed forces, and they usually concluded these contracts with the necessary relationships.
These private military personnel fight to collect fees and are often accused by scholars of transforming the phenomenon of war into the Mori mechanism. For example, as Osama took the lead in setting an example to the World Trade Center and the Pentagon, the United States is likely to significantly increase defense spending, bringing a lot of money to the Bush family. Because they signed the contract with Carlyle Group. In addition, although the US military advertised that Iran, which produced nuclear weapons, invaded Iran, it gained a series of praises for its other intentions to control Iran’s oil wells, and even allowed private military personnel after the US withdrawal to guide some facilities.
4.1 Relationship between business and armed conflict
Unless the use and supply of weapons, ammunition, military uniforms, soldiers’ food, salaries of weapons personnel and other goods and services, armed conflicts usually do not occur. Because it can benefit from the provision of weapons, ammunition and military services, it is a good cause for those who benefit from the war.
Now, the risk of the relationship between commercial and military disputes is that during the military dispute, the relevant actors (PMC) providing ammunition and military services do not want to end the dispute, and will make every effort to develop more advanced weapons and lethal strategies to make war easier for customers. In the long run, these weapons and strategies endanger our common humanity. For example, so far, the chemical bombs used by Hiroshima and Nagasaki in Japan still have an impact on residents, waters and farmland.
According to the latest report, Nigeria’s Niger Delta is currently crowded with British and American civilian military companies providing security services for customers in the oil and gas industry. This article entitled “Mercenary Acquisition” was published on February 22, among which the most famous companies include more than 10 companies including the former bodyguard of the late Diana, Princess of Wales, Erinys International and Armor Group. It is reported that at present, it operates falsely in the unstable Niz Triangle. This is reminiscent of the disturbing picture of the impending disaster in the region. The region is considered to be one of the regions with the greatest concentration of small arms in the world.
4.2 The role of civilian military companies in armed conflict
Private military companies (PMC) are private companies that provide armed combat or services. They refer to their employees as security contractors or private military contractors. They usually call the cause civilian military industry or track.
Some reports indicate that civilian military companies have played a central role in the most sensitive activities of the military, the Central Intelligence Agency and other governmental and non-governmental organizations during the armed conflict. According to a 2008 study by the Office of the Director of National Intelligence, the personal contractor is the US intelligence community, accounting for 29% of the power, and its cost is equivalent to 49% of its personnel budget.
These activities include arbitrarily detaining and secretly attacking known rebels in Iraq and Afghanistan, participating in CIA flights to India, training or supplementing the official armed forces serving the government of the Secret Operations Alliance, being employed by private companies, providing security for core employees, or In particular, it includes the protection of hostile areas. Employees of the civilian military newspaper company participated in the transportation of detainees from Tuzla, Islamabad, Skopje and other pickup points. Indian flights to landing places (such as Cairo, Rabat, Bucharest, Amman, Guantanamo); In 2007, on behalf of the American Civil Liberties Union (ACLU), the American Civil Liberties Union (ACLU) filed the above-mentioned lawsuit against five people kidnapped by the Central Intelligence Agency and held in the overseas secret prison maintained by the United States, and against the subsidiary of Boeing, Jeppsen DataPlan, Inc.
4.3 As a modern mercenary, civilian military companies
Private Military Service Company (PMSC) is a modern reincarnation of long-term individual physical power providers such as pirates, individual predators, mercenaries, etc. Private military insurance companies are non-state entities operating under extremely vague circumstances, in which case it is difficult to determine what is allowed and what is not. The new security industry delivers large quantities of weapons and military equipment. It provides services for military operations, recruits civilians to be transferred to military posts, and performs tasks known as “passive or defensive security”. The Geneva Convention prohibits mercenary behavior, which is precisely what these civilian military newspapers are trying to introduce through the back door.
According to the definition in Article 47 (2) of Part I Protocol, a person regarded as foreign aid must meet the six conditions specified in the document. Mercenaries (A) are specially recruited locally or abroad to fight in armed conflict. (b) In fact, he directly participated in the hostilities. (c) Participated in hostilities mainly for selfish motives. In fact, one party to the conflict or its representative promised substantial compensation far exceeding the compensation promised or paid by combatants of similar levels and functions of its armed forces; (d) Neither a national of a party to the conflict nor a resident of a territory controlled by a party to the conflict. (e) Not a member of the armed forces of the parties to the conflict. (f) A State that is not a party to the conflict is officially dispatched as a member of the armed forces.
The definition of mercenaries in United Nations agreements includes all the criteria in Part I of the Protocol, with the exception of “actual direct participation in hostilities”. In addition, the United Nations agreement also includes “any other situation”. The United Nations agreement involves international and non international force disputes, including overthrowing the government, destroying the constitutional order of a country in other ways, or (ii) recruiting non nationals for acts of violence that undermine the territorial integrity of a country. In addition, the United Nations Agreement also stipulates the recruitment, use, financial support or training of mercenaries as a crime under international law, implying that all foreigners who participate in violent activities leading to regime change through coup in peacetime can be regarded as mercenaries. However, not all shares have signed or naturalized the law.
Some activities carried out by the civilian military newspaper company can meet the requirements of relevant international documents on foreign aid. In addition, it is one of several contracts signed by civilian security contractors to recruit all military and law enforcement personnel as “security guards facing huge risks not limited to the inherent threat of war”. This is very close to the fact that the justice stipulates that mercenaries must be “specially recruited” to fight in armed conflict. Even if they do not take offensive actions, if they are recruited to protect military targets, “security” may also be considered as the target of enemies recruited in armed conflict. Some activities carried out by employees of private military newspaper companies can be considered as direct participation in hostilities. For example, Blackwater employees participated in Najaf, Iraq on April 4, 2004.
Although the main motivation of many private contractors employed by PMSCs may be personal interests, it is difficult to prove this in court. In addition, for many private security guards, the motivation is the “stimulus and adrenaline” of money gain and adventure, and all training can be put into practice. Civilian military newspaper companies usually employ highly trained people in dangerous and insurgency operations, such as the US Navy Seals, SWCC, British SAS or French Legion.
All the measures taken separately have created problems for PMSCs to be classified as mercenaries. To treat the civilian military newspaper company and its employees as employees, all requirements defined in international documents must be met cumulatively. Without this, I believe that civilian military and security companies are commercial companies legally registered in their own countries, many of which have obtained contracts from the government (the Pentagon and the United States State Department).
5.0 Challenges of various countries to spies, mercenaries and civilian military companies
The following are some challenges faced by countries in the field of espionage and mercenaries.
They did not adequately investigate human rights violations because it was difficult for domestic laws to apply to civilian military and security companies operating in foreign countries, and there were difficulties in implementing investigations in failed countries.
Some scholars believe that civilian military companies generally do not want the war to end, so they always participate in the development of more sophisticated weapons and new war strategies, which may endanger our common humanity. The people who make viruses for the system are the same as those who have made anti-virus. So the virus will spread and people can buy their anti-virus software.
At present, there is no world recognized normative or legal framework applicable to these civilian military companies.
There is no international judicial court to explain and manage the use of force by civilian military insurance companies, and the existing mechanism is subject to the jurisdiction of these companies or international law.
For example, on October 9, 2007, in the center of Baghdad, Iraq, two Armenian women were shot and killed because they were too close to the convoy protected by the United Resources Group (URG) subcontractor. The staff of United Resources Group opened fire because they felt that women’s cars were approaching the motorcade at high speed and could not stop the hired mercenaries.
On September 16, 2007, the shooting massacre carried out by Blackwater employees in Baghdad’s Mosul Square was also one of the most serious human rights violations known to the civilian military newspaper company. 17 people died and 20 were seriously injured. Blackwater was severely criticized, but never prosecuted. Blackwater is also suspected of forging documents to obtain unauthorized weapons, deceiving the US government and tolerating the widespread use of steroids and cocaine by those people. The Iraqi government did not refuse Blackwater’s application for business license until January 2009, when it implemented the new status of forces agreement and cancelled the 17th Order of the Coalition Provisional Authority, which granted exemption privileges to contractors. However, the company still signed a contract with the State Department of the United States, and some Blackwater employees worked in Iraq until at least September 2009.
6.0 Conclusion
The document successfully reviewed the legal status of spies and mercenaries, examined various agreements, and investigated the role of countries as modern mercenaries in civilian military companies, the commercialization of military technology, and challenges in the use of spies and mercenaries.
1.0 Introduction
According to the Black Law Dictionary, espionage or espionage refers to the crime of collecting, disseminating or losing national defense information, which is the reason for deliberately or believing that such information will harm the United States or be used for foreign interests. Spies help intelligence agencies discover secret information and understand the tactics of the enemy. Many governments and civil society organizations usually maintain a policy of not commenting on this, but often monitor allies and enemies. The government also employs representatives of private companies to collect information.
In 1907, the Hague Regulations stipulated that a person could be considered a spy only if he tried to obtain or obtain information under secret or false pretexts in the operational area of the belligerent with the intention of transmitting the information to the enemy. Therefore, in order to obtain information, soldiers who do not wear camouflage to enter the enemy’s operation area are not considered as spies. Similarly, the following personnel are not considered as spies, soldiers or civilians who publicly perform tasks. They entrust their own troops or the enemy to send tasks. Similarly, people in this category are sent to balloons for the purpose of transmitting messages or maintaining communication between different parts of the military or territory.
In addition, according to the Black Law Dictionary, mercenaries come from the Latin word “mercenaries”, which means lucky soldiers. Mercenaries refer to individuals who are employed in armed conflict but do not belong to the regular army or other government forces. Their sole motive is self-interest. In the last century, mercenaries were increasingly regarded as ineligible to be protected by the rules of war as non mercenaries. The Geneva Conventions declare that mercenaries are not considered legal or (or) legitimate combatants and do not need legal protection such as those captured by regular troops. In fact, whether a person is a foreign aid or not, financial and political interests may overlap, so it will become a problem to some extent.
2.0 Historical background of using spies and mercenaries
The use of spies and mercenaries can be traced back to ancient times. The Bible records that Joshua and Calais engaged in espionage activities in Canaan land and has been well reported. It is recorded that mercenaries were used in the First and Second World Wars, one of whom was the famous Matahari who worked as a spy for Germany in the First World War. In Congo, from 1960 to 1963, the shop owner in Katanga hired mercenaries. In 1964, the governments of Tsombe and Mobutu also hired mercenaries to fight against Zimbabwe. This was the first time since the Spanish Civil War. The recruitment work in Congo was carried out openly and extensively during the propaganda. The mission was sent to Berjik and France. After 1961, even the Republic of South Africa opened a recruitment office
During the Nigerian civil war, there were also records that spies and mercenaries were used by government forces and Bibra armed forces. It is worthy of saying that in 2015, foreign aid was introduced from South Africa in the Boko Haram repulsion war, and great success was achieved during this period. Recently, some farmers were killed in the paddy fields of Jabamali village. Governor Bono suggested that Nigeria seek foreign aid in the Boko Haran repulsion war. Although some scholars maintain that the members of the terrible Boko Haran sect are not Nigerians, the only purpose of hiring foreign aid is to destabilize the government.
3.0 Legal Status of Spy and Mercenary (Spy)
According to the laws of many countries, espionage is a crime. In 1917, it was protected by the Espionage Act in the United States, and in 1994, it was protected by the Nigerian Military Manual in Nigeria. The dangers of espionage vary It may even be executed. Spy or espionage refers to an attempt to collect or collect information about military forces through false statements or deliberate secret acts. Generally speaking, spies participating in hostile acts can be punished, but they must go through a fair trial and provide all judicial guarantees. The Hague Regulations of 1899 Article 30, which is similar to the 1907 regulations, shall not punish spies who participate in this act without prior trial. Article 31 further stipulates that after a spy rejoins his own army, if he is captured by the enemy, he will be regarded as a prisoner and will not be responsible for previous espionage. Therefore, the captured spy is the county where he was captured. This means that a spy should be tried and dealt with in accordance with the law. If he is captured by the enemy after rejoining his own army, he will be regarded as a prisoner and will not be responsible for his previous acts. Article 46 (1) of the First Protocol of 1977 (APGC 77) The Panel provided that, despite the provisions of the Agreement or this Protocol, all members of the armed forces of the parties to the dispute, when engaged in espionage, would not have the right to obtain the status of prisoners if they fell within the powers of the hostile parties and could be considered spies.
In addition, article 45, paragraph 3, stipulates that anyone who has participated in hostilities shall not have the right to obtain the status of a prisoner of war and shall enjoy the protection of article 75 of this Protocol at any time when he cannot enjoy more preferential treatment under the Fourth Convention Lam still stipulated that they should enjoy humanitarian treatment and should not deprive the fair and normal rights stipulated in this agreement during the trial.
In addition, article 47 stipulates the status and treatment of mercenaries, thus providing the following benefits:
Foreign aid has no right to become combatants or prisoners.
Mercenaries are:
In order to fight in armed conflict, they are specially recruited locally or abroad.
In fact, whether they are directly involved in hostilities.
Participated in hostilities mainly for selfish motives. In fact, a party to the conflict or its representative promised substantial compensation far exceeding the compensation promised or paid by combatants with similar levels and functions of the armed forces of that party;
Neither a national of the party to the conflict nor a resident of the territory controlled by the party to the conflict;
Not a member of the armed forces of a party to the conflict; and
A country that is not a party to a dispute is officially dispatched as a member of the armed forces.
In short, spies are recognized as prisoners of war by agreement and protected. Mercenaries are regarded as illegal combatants because they do not have or enjoy the status of prisoners of war under international humanitarian law.
In 1945, in the Sandrak Incident (Almelo Trial), the British Almelo Military Court held that members of the captured opposition forces or civilian residents suspected of spying had been killed in the occupied territory, and admitted that the accused had killed British soldiers accused of spying without trial.
Similarly, in the Dostler incident heard by the American Military Commission in Rome in 1945, the defendant was the commander of the German legion. In violation of the Hague Regulations of 1907 and the long established laws and customs of war, he ordered 15 American prisoners to be shot. According to the Ministry of Defense, American soldiers do not wear special badges and their mission is to destroy. The defence therefore acknowledged that they were not entitled to the privileges of legitimate belligerents. Lawyers admitted that even if they were considered spies, they had the right to a legal trial.
If scholars have doubts about the identity of people captured due to hostile acts, they should be regarded as prisoners in a regularly constituted court and treated according to (or) the principle of common humanity until their identity is determined. If the court determines that a prisoner is a legal combatant, the prisoner has the right to obtain the status of a prisoner, but at this juncture, the mercenary will become an illegal combatant. But must still be ”. “Humanitarian treatment should not deprive the right to a fair and regular trial at the time of trial.” It is still protected by law. The only exception is that the captured foreign aid is a national of his authorities, in which case he will not be a foreign aid soldier. If a soldier captured after a regular trial is found to be a mercenary, he may be treated as an ordinary criminal and face execution. This is because mercenary soldiers may not qualify as soldiers after the Second World War, so they cannot be expected to be repatriated at the end of the war. For example, on June 28, 1976, at the end of the trial in Luanda, the Angolan court sentenced three British and one American to death, and sentenced nine other mercenaries to 16-30 years’ imprisonment. On July 10, 1976, four foreign aid workers sentenced to death were shot dead by firing squad.
The legal status of civilian contractors is determined by the nature of their business and the nationality of their combatants. “If not, in fact, they directly participated in the hostilities. They are not mercenaries, but civilians who have a non combat support role and are entitled to be protected under the Third Geneva Convention.
On December 4, 1989, the United Nations adopted a resolution in the international agreement on the recruitment, use, support and opposition to the training of mercenaries. The agreement, which entered into force on 20 October 2001, is generally considered a United Nations mercenary agreement. The definition of mercenaries in Article 1 of the Agreement is similar to that in Article 47 of Part I of the Protocol, but Article 1.2 expands the definition to include non nationals who will overthrow “mercenaries”. According to the provisions of Article 1.2 of “The government destroys the national constitutional order or destroys the territorial preservation of a country in other ways” and “Basically participates in, is encouraged by commitment or material compensation with a desire for major private interests”, if a person does not need to directly participate in the hostile act of planning a coup, he cannot become a mercenary. have
Some critics believe that the 1989 United Nations Mercenary Agreement and Article 77 and Article 47 of APGC did not fully solve the problem of sovereign countries using civilian military companies in any way, but were designed to include African mercenary activities in the post colonial era. It is worth noting that the laws of some countries prohibit their citizens from participating in foreign wars unless they are under the control of their own armed forces. According to the definition in article 1 of the United Nations Mercenary Agreement, it is an offence to recruit, use, support or train mercenaries.
For example, in Austria, if a person is proved to work for other countries while maintaining Austrian citizenship, his or her Austrian citizenship will be revoked. In 2003, France defined mercenary activities as crimes according to the definitions of French citizens, permanent residency and legal entities in the Protocol to the Geneva Conventions. The law does not prevent French nationals from volunteering in foreign armies. The Act applies to military activities where the motivation or level of remuneration of a particular mercenary is a mercenary.
4.0 Commercialization of Military Functions
After the end of World War II, many countries had limited personnel in this field, and the demand for expert hands increased in some military operations. This is usually done by modern civilian military companies.
Now, because of the expertise of retired generals/warlords in the past, they are not tired of welfare arts. Because they love better military service. Soldiers are what they know and what they need to make money. Some of them tend to set up these civilian military companies to combat and investigate crimes committed by the government and civil society organizations, and provide modern technology for providing personal security. These companies had previously been associated with the armed forces, and they usually concluded these contracts with the necessary relationships.
These private military personnel fight to collect fees and are often accused by scholars of transforming the phenomenon of war into the Mori mechanism. For example, as Osama took the lead in setting an example to the World Trade Center and the Pentagon, the United States is likely to significantly increase defense spending, bringing a lot of money to the Bush family. Because they signed the contract with Carlyle Group. In addition, although the US military advertised that Iran, which produced nuclear weapons, invaded Iran, it gained a series of praises for its other intentions to control Iran’s oil wells, and even allowed private military personnel after the US withdrawal to guide some facilities.
4.1 Relationship between business and armed conflict
Unless the use and supply of weapons, ammunition, military uniforms, soldiers’ food, salaries of weapons personnel and other goods and services, armed conflicts usually do not occur. Because it can benefit from the provision of weapons, ammunition and military services, it is a good cause for those who benefit from the war.
Now, the risk of the relationship between commercial and military disputes is that during the military dispute, the relevant actors (PMC) providing ammunition and military services do not want to end the dispute, and will make every effort to develop more advanced weapons and lethal strategies to make war easier for customers. In the long run, these weapons and strategies endanger our common humanity. For example, so far, the chemical bombs used by Hiroshima and Nagasaki in Japan still have an impact on residents, waters and farmland.
According to the latest report, Nigeria’s Niger Delta is currently crowded with British and American civilian military companies providing security services for customers in the oil and gas industry. This article entitled “Mercenary Acquisition” was published on February 22, among which the most famous companies include more than 10 companies including the former bodyguard of the late Diana, Princess of Wales, Erinys International and Armor Group. It is reported that at present, it operates falsely in the unstable Niz Triangle. This is reminiscent of the disturbing picture of the impending disaster in the region. The region is considered to be one of the regions with the greatest concentration of small arms in the world.
4.2 The role of civilian military companies in armed conflict
Private military companies (PMC) are private companies that provide armed combat or services. They refer to their employees as security contractors or private military contractors. They usually call the cause civilian military industry or track.
Some reports indicate that civilian military companies have played a central role in the most sensitive activities of the military, the Central Intelligence Agency and other governmental and non-governmental organizations during the armed conflict. According to a 2008 study by the Office of the Director of National Intelligence, the personal contractor is the US intelligence community, accounting for 29% of the power, and its cost is equivalent to 49% of its personnel budget.
These activities include arbitrarily detaining and secretly attacking known rebels in Iraq and Afghanistan, participating in CIA flights to India, training or supplementing the official armed forces serving the government of the Secret Operations Alliance, being employed by private companies, providing security for core employees, or In particular, it includes the protection of hostile areas. Employees of the civilian military newspaper company participated in the transportation of detainees from Tuzla, Islamabad, Skopje and other pickup points. Indian flights to landing places (such as Cairo, Rabat, Bucharest, Amman, Guantanamo); In 2007, on behalf of the American Civil Liberties Union (ACLU), the American Civil Liberties Union (ACLU) filed the above-mentioned lawsuit against five people kidnapped by the Central Intelligence Agency and held in the overseas secret prison maintained by the United States, and against the subsidiary of Boeing, Jeppsen DataPlan, Inc.
4.3 As a modern mercenary, civilian military companies
Private Military Service Company (PMSC) is a modern reincarnation of long-term individual physical power providers such as pirates, individual predators, mercenaries, etc. Private military insurance companies are non-state entities operating under extremely vague circumstances, in which case it is difficult to determine what is allowed and what is not. The new security industry delivers large quantities of weapons and military equipment. It provides services for military operations, recruits civilians to be transferred to military posts, and performs tasks known as “passive or defensive security”. The Geneva Convention prohibits mercenary behavior, which is precisely what these civilian military newspapers are trying to introduce through the back door.
According to the definition in Article 47 (2) of Part I Protocol, a person regarded as foreign aid must meet the six conditions specified in the document. Mercenaries (A) are specially recruited locally or abroad to fight in armed conflict. (b) In fact, he directly participated in the hostilities. (c) Participated in hostilities mainly for selfish motives. In fact, one party to the conflict or its representative promised substantial compensation far exceeding the compensation promised or paid by combatants of similar levels and functions of its armed forces; (d) Neither a national of a party to the conflict nor a resident of a territory controlled by a party to the conflict. (e) Not a member of the armed forces of the parties to the conflict. (f) A State that is not a party to the conflict is officially dispatched as a member of the armed forces.
The definition of mercenaries in United Nations agreements includes all the criteria in Part I of the Protocol, with the exception of “actual direct participation in hostilities”. In addition, the United Nations agreement also includes “any other situation”. The United Nations agreement involves international and non international force disputes, including overthrowing the government, destroying the constitutional order of a country in other ways, or (ii) recruiting non nationals for acts of violence that undermine the territorial integrity of a country. In addition, the United Nations Agreement also stipulates the recruitment, use, financial support or training of mercenaries as a crime under international law, implying that all foreigners who participate in violent activities leading to regime change through coup in peacetime can be regarded as mercenaries. However, not all shares have signed or naturalized the law.
Some activities carried out by the civilian military newspaper company can meet the requirements of relevant international documents on foreign aid. In addition, it is one of several contracts signed by civilian security contractors to recruit all military and law enforcement personnel as “security guards facing huge risks not limited to the inherent threat of war”. This is very close to the fact that the justice stipulates that mercenaries must be “specially recruited” to fight in armed conflict. Even if they do not take offensive actions, if they are recruited to protect military targets, “security” may also be considered as the target of enemies recruited in armed conflict. Some activities carried out by employees of private military newspaper companies can be considered as direct participation in hostilities. For example, Blackwater employees participated in Najaf, Iraq on April 4, 2004.
Although the main motivation of many private contractors employed by PMSCs may be personal interests, it is difficult to prove this in court. In addition, for many private security guards, the motivation is the “stimulus and adrenaline” of money gain and adventure, and all training can be put into practice. Civilian military newspaper companies usually employ highly trained people in dangerous and insurgency operations, such as the US Navy Seals, SWCC, British SAS or French Legion.
All the measures taken separately have created problems for PMSCs to be classified as mercenaries. To treat the civilian military newspaper company and its employees as employees, all requirements defined in international documents must be met cumulatively. Without this, I believe that civilian military and security companies are commercial companies legally registered in their own countries, many of which have obtained contracts from the government (the Pentagon and the United States State Department).
5.0 Challenges of various countries to spies, mercenaries and civilian military companies
The following are some challenges faced by countries in the field of espionage and mercenaries.
They did not adequately investigate human rights violations because it was difficult for domestic laws to apply to civilian military and security companies operating in foreign countries, and there were difficulties in implementing investigations in failed countries.
Some scholars believe that civilian military companies generally do not want the war to end, so they always participate in the development of more sophisticated weapons and new war strategies, which may endanger our common humanity. The people who make viruses for the system are the same as those who have made anti-virus. So the virus will spread and people can buy their anti-virus software.
At present, there is no world recognized normative or legal framework applicable to these civilian military companies.
There is no international judicial court to explain and manage the use of force by civilian military insurance companies, and the existing mechanism is subject to the jurisdiction of these companies or international law.
For example, on October 9, 2007, in the center of Baghdad, Iraq, two Armenian women were shot dead because they were too close to the convoy protected by the United Resources Group (URG) subcontractor. The URG staff felt that the woman’s car was approaching the motorcade at high speed, so they could not stop the mercenary, and they were not prosecuted.
On September 16, 2007, the shooting massacre carried out by Blackwater employees in Baghdad’s Mosul Square was also one of the most serious human rights violations known to the civilian military newspaper company. 17 people died and 20 were seriously injured. Blackwater was severely criticized, but never prosecuted. Blackwater is also suspected of forging documents to obtain unauthorized weapons, deceiving the US government and tolerating the widespread use of steroids and cocaine by those people. The Iraqi government did not refuse Blackwater’s application for business license until January 2009, when it implemented the new status of forces agreement and cancelled the 17th Order of the Coalition Provisional Authority, which granted exemption privileges to contractors. However, the company still signed a contract with the State Department of the United States, and some Blackwater employees worked in Iraq until at least September 2009.
6.0 Conclusion
The document successfully reviewed the legal status of spies and mercenaries, examined various agreements, and investigated the role of countries as modern mercenaries in civilian military companies, the commercialization of military technology, and challenges in the use of spies and mercenaries.
