| 词条 | United Nations Mercenary Convention | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 释义 |
The United Nations Mercenary Convention, officially the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, is a 2001 United Nations treaty that prohibits the recruitment, training, use, and financing of mercenaries. At the 72nd plenary meeting on 4 December 1989, the United Nations General Assembly concluded the convention as its resolution 44/34. The convention entered into force on 20 October 2001[1] and has been ratified by 35 states. Countries with large militaries that have not ratified the convention include China, France, India, Japan, Russia, the United Kingdom, and the United States.[2] Definition of a mercenaryArticle 1 of the Convention has the following definition of a mercenary: {{quotation|1. A mercenary is any person who:(a) Is specially recruited locally or abroad in order to fight in an armed conflict; (b) Is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party; (c) Is neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflict; (d) Is not a member of the armed forces of a party to the conflict; and (e) Has not been sent by a State which is not a party to the conflict on official duty as a member of its armed forces. 2. A mercenary is also any person who, in any other situation: (a) Is specially recruited locally or abroad for the purpose of participating in a concerted act of violence aimed at: (i) Overthrowing a Government or otherwise undermining the constitutional order of a State; or (ii) Undermining the territorial integrity of a State; (b) Is motivated to take part therein essentially by the desire for significant private gain and is prompted by the promise or payment of material compensation; (c) Is neither a national nor a resident of the State against which such an act is directed; (d) Has not been sent by a State on official duty; and (e) Is not a member of the armed forces of the State on whose territory the act is undertaken. |UN Mercenary Convention[1]}} One time Judge Advocate Todds S. Milliard has argued that the convention and Article 47 of Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) are designed to cover the activities of mercenaries in post colonial Africa, and do not address adequately the use of private military companies by sovereign states.[3] Signatories and partiesAs of December 2016, the convention had been ratified by 35 states. Below are the states that have signed, ratified or acceded to the convention.[4][5]
See also
References1. ^1 [https://www.un.org/documents/ga/res/44/a44r034.htm International Convention against the Recruitment, Use, Financing and Training of Mercenaries] {{webarchive|url=https://web.archive.org/web/20080209231529/http://www.un.org/documents/ga/res/44/a44r034.htm |date=February 9, 2008 }} A/RES/44/34 72nd plenary meeting 4 December 1989 (UN Mercenary Convention) Entry into force: 20 October 2001→ {{Webarchive|url=https://web.archive.org/web/20080209231529/http://www.wikipedia.org/ |date=9 February 2008 }} 2. ^Higgins Alexander G.[https://www.usatoday.com/news/world/2007-10-17-3392316246_x.htm US rejects UN mercenary report] USA Today, October 17, 2007 (syndicated article by Associated Press) 3. ^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. Page 5. Paragraph 1 4. ^http://www.icrc.org/ihl.nsf/WebSign?ReadForm&id=530&ps=P 5. ^http://www.icrc.org/ihl.nsf/WebSign?ReadForm&id=530&ps=S External links
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