EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
2016
GA3 – Combating the use of mercenaries as
a mean of violating human rights and
impeding the exercise of the rights of
people to self determination
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
Index
Introduction .............................................................................................................. 3
Definition of key-terms ............................................................................................. 5
General Overview .................................................................................................... 7
Major parties involved and their views ................................................................... 10
Timeline of important events/Documents ............................................................... 12
UN involvement ..................................................................................................... 14
Possible Solutions ................................................................................................. 16
List of Sources ....................................................................................................... 17
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
Forum: GA3 - Social, Economic and Humanitarian
Issue: “Combating the use of mercenaries as a mean of violating human
rights and impeding the exercise of the rights of people to self determination”
Student Officers: Rita Alvo and Sofia Lacoppola
Position: Chair
Introduction
According to the Violence Prevention Alliance, violence can be defined as "the
intentional use of physical force or power, threatened or actual, against oneself,
another person, or against a group or community that either results in or has a high
likelihood of resulting in injury, death, psychological harm or deprivation."
Throughout the first 50 years of the United Nations existence, violence, usually in
the form of armed conflicts, has been opposing the work done by the United
Nations to guarantee peace, collective security and defense of the human rights, by
threatening and impeding the fulfillment of several fundamental rights such as the
right to liberty, physical integrity and the right to life. Violence, in conjunction with
disagreement, has been the cause of several armed conflict outbreaks mainly in
the second half of the twentieth century.
In the majority of these armed conflict outbreaks, one or more of the parties
involved in it resorted to the use of professionals of foreign nationality who sell their
skills in war and violence for a financial gain in a country or conflict, also called
mercenaries, to fulfill their needs or achieve their goal. The use of mercenaries in
conflicts, not only leads to longer-lasting, world wider, more serious and bloodier
conflict, but also leads to the violation of the human rights, including impeding the
exercise of the rights of people to self determination. Mercenaries can also be
linked to illicit activities, such as trafficking in drugs, people and arms, smuggling
and terrorism.
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
Mercenaries, being present in different armed conflicts around the world, weather
individually or throughout criminal or terrorist organization perform acts of violence
which cause material losses, ruin human lives and hamper economic activities, as
well as involving themselves in terrorist attacks. Motivated by money, mercenaries,
who are usually hired by governments to achieve unlawful international aims while
avoiding their identification as an aggressor or participant in a conflict, adopt
ideologies which are extremist, radical and intolerant, committing unlawful acts
against the basic human rights.
The clearest use of mercenaries can be considered in the years immediately after
the Second World War, in which mercenaries operated in Africa, who through illicit
activities prevented countries from becoming independent, fomented secession and
protected the apartheid regime, while interfering with the exercise of selfdetermination, violating several human rights and while undermining the stability of
the constitutional governments of the region. Countries such as in Angola, Benin,
Botswana, the Comoros, Lesotho, Liberia, Mozambique, Namibia and Zimbabwe
suffered extreme cruelty thanks to mercenaries hired to violate their right to peace,
security and political stability.
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
Definition of key-terms
Mercenary
According to the Geneva conventions, who regulate the conduct of armed conflict
and seek to limit its effects and protect people not taking part in hostilities and
those who are no longer doing so, a mercenary can be defined as:
A professional specially recruited locally or abroad in order to fight in an armed
conflict, motivated by the desire for private gain. Mercenaries are “neither a national
of a Party to the conflict nor a resident of territory controlled by a Party to the
conflict”;
Article 47 , Genva conventions – Mercenaries
Self-Determination
Self-Determination is a right to be exercised by all humans, which consists of their
free determination regarding their political status and their free pursue of economic,
social and cultural development.
http://www.unpo.org/article/4957
Sovereign equality
“Sovereign equality is the concept in which every sovereign state possesses the
same
legal
rights
as
any
other
sovereign
state
in
international
law.”
http://thestudentlawyer.com/2013/05/14/the-right-of-sovereign-equality/
Political independence
Political independence is the state of a nation or country as its own political system,
in which its residents and population exercise self-government and sovereignty.
The country does not have a political regime which belongs to another country.
Territorial integrity of States
Territorial integrity is another principle under the international law which states that
the territory of the States are inviolable, therefore considering countries attempts to
force a border change as an act of aggression.
The International Court has held
that “the scope of the principle of territorial integrity is confined to the sphere of
relations between States.” meaning that territorial integrity is essential to maintain
peaceful relation between States. https://pesd.princeton.edu/?q=node/271
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
General Overview
Even if mercenaries were and are used in mainly all wars, they were mainly used to
fight the movements of decolonization. After the Second World War many of the
African colonies started pursuing political independence, in order to have their own
political system and their own governments. In response, the colonizing countries
who wanted to maintain their supremacy hired mercenaries to fight these rebel
groups. The aim was to maintain the policy of apartheid and racial discrimination
and to do this; mercenaries interfered with the exercise of the populations’ human
rights and their right to self- determination.
Even if most of the countries suffered during years, some of them, such as South
Africa, Angola and Mozambique (between others), had changed substantially. In
these countries the combat against mercenaries has lead to the ending of domestic
armed conflicts, which were replaced by national reconciliation and to the ending of
the aperheid regime, which has lead to the consolidation of a modern democracy.
However the progress noted in these countries, other regions have and are
suffering of serious political instability marked by mercenary acts of aggression,
such as Sudan, the Islamic Federal Republic of Comoros and Sierra Leone.
The current status of the international convention against the recruitment of
mercenaries includes the confirmation of the juridical nature of the resolutions and
declarations adopted by the United Nations, which condemn mercenary activities.
Sudan
In the case of Sudan, the second civil war between the Sudan People's Liberation
Army (SPLA) and the government forces starting in 1983 had lead to a low quality
of life among the population. For instance, in the south of the country several acts
of violence had been caused by the guerrilla force due to their intolerance towards
the regime. Mercenaries were involved in both parties of the conflict, but mainly in
the SPLA. They were in charge of carrying out different paramilitary training camps
in some parts of Sudan in order to fight the government forces. These mercenaries
and their trainees were to blame for the different violent attacks on the population
which impeded the exercise of their human rights.
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
Islamic Federal Republic of the Comoros
The Islamic Federal Republic of the Comoros suffered 17 mercenaries coup
attempts in 20 years, which impeded the exercise of the rights of people to self
determination and the sovereignty of the State. The last time the republic was
attacked was on 28 September 1995, by mercenaries who once more intended to
overthrow the government and infringed the right of the people to self
determination. The coup was lead by the French mercenary Bob Denard and its
mercenary army, who held the president Mohamed Said Djohar as a hostage in a
barracks near the precedential palace, seized television and radio stations and
managed to take control of Moroni, the capital, for a few days.
The issue was solved a week after the coup, when Comoros’ Prime Minister,
Caambi-El Yachourtu, asked France to send troops to the Comoros, under the
Franco Comorian defense agreement, in order to end the mercenary aggression
and restore the government. Finally, on October the 5th, 1000 armed French men
gained control of Moronis’ airports, and gradually the whole capital. Finally Bob
Denard surrendered to the French forces, and was placed under arrest and
transferred to the island of Reunion.
Sierra Leone:
In March 1991 an internal armed conflict broke out, in which a new opposition
group called the Revolutionary United Front (RUF) launched a resistance
movement from Liberia, aiming to occupy part of the Southern and Eastern regions
of the country. To this movement, the creation of the National Provisional Ruling
Council (NPRC), a headed by Captain Valentine Strasser, in 1992 was added. This
military-nationalist movement seized power in a coup, suspended the Constitution,
banned alternative political parties, limited freedom of speech, limited freedom of
the press and declared a state of emergency. With all of its policies, the NPRC
committed serious violations of the population’s human rights and their right to
exercise self-determination. They, as well as the RUF, also preformed acts of
torture, executions, detention of minors, murders of opponents while in detention,
between other crimes, which left thousands of victims.
Mercenaries have been involved in the committing of these crimes, which were
hired mainly by the NPRC to overthrow the government and gain control over the
country.
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
These mercenaries, hired to strengthen the NPRC military capability, as well as
destructive weapons were supplied by the Executive Outcomes, a private company
registered in Pretoria as a security company. Their role in Sierra Leone involves
training the officers, strategic planning, training the forces how to use the new
military
equipment,
advising
on
arms
purchases,
devising
psychological
propaganda campaigns to create panic among the population and discrediting the
leaders of the RUF. In this case, another case of mercenary involvement in an
internal armed conflict prolongs it and adds to the cruelty of the conflict, while at the
same time impedes the exercise of the right to self-determination.
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
Major parties involved and their views
Organization of African Unity (OAU):
An organization established on 25 May 1963 in Addis Ababa, with the participation
of 32 governments. It was disbanded on 9 July 2002 by the South African President
and replaced by the African Union (AU). The OAU created and signed the African
convention on Mercenaries in Libreville on July the 3rd 1977 and entered into effect
in 1985, to oppose the increasing threat of mercenaries on many African states
since the beginning of decolonization.
Geneva Conventions:
“A series of treaties on the treatment of civilians, prisoners of war (POWs) and
soldiers who are otherwise rendered hors de combat, or incapable of fighting.” It
tries to limit the effects and regulate the conduct of armed conflicts.
In 8 June 1977, a new protocol is added to the conventions held in 1949, which
includes an extensive definition of the mercenaries.
UN Commission on Human Rights:
The United Nations Commission on Human Rights was established in 1946, in
order to guarantee the protection of the fundamental rights and freedoms. It is
composed by 53 state members. In 2005 it adopted the resolution “2005/2: The
Use of Mercenaries As a Means of Violating Human Rights and Impeding the
Exercise of the Right of Peoples to Self-determination” - E/CN.4/RES/2005/2, which
include the creation of the Working Group on points 11-14,17-20 and 22.
Working Group:
The 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 was formed
in July 2005, after its request in the resolution 2005/2of the Human Rights
Commission. Used to strengthen the international legal framework for the
prevention and the sanction of mercenaries. It succeeded the mandate of the
Special Rapporteur, which had been carrying out the job since 1987.
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
Executive Outcomes:
Executive Outcome was a private military company founded in South Africa in
1989. It was really involved in the recruitment, contracting and training of
mercenaries, in planning their operations and in carrying out illegal acts in return for
payment. Examples include providing Sierra Leone with 500 mercenaries from
various countries, providing them with their payment, life insurance and weapons.
It was dissolved on 31 December 1998, after the declaration of the "Regulation of
Foreign Military Assistance Act", which stopped mercenary activities.
South Africa:
It strongly condemned the racist regime of South Africa, which used groups of
armed mercenaries which prevented the population’s exercise of the right of selfdetermination, by fighting against the national liberation movements.
In 1998 South Africa passed the “Regulation of Foreing Military Assistance Act”
which punished citizens getting involved in foreign wars, except in humanitarian
operations.
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
Timeline of important events/Documents
Date:
Event:
1893
Publication of “The Anti-Pinkerton Act of 1893” in united States
14 December 1960
Declaration on the Granting of Independence to Colonial
Countries and Peoples
9 August 1870.
Publication of “Foreign Enlistment Act 1870”
in England to
regulate mercenary activities
1977
Presentation of article 47, which added Protocol I to the Geneva
conventions of 1949
1977
United States Court of Appeals for the Fifth Circuit interpreted
“The Anti-Pinkerton Act of 1893” as forbidding the recruitment of
mercenaries.
7 -9 March 1977
Political declaration on mercenaries adopted by first conference
of heads of state and governments of the Organization of
African
Unity
and
the
League of Arab States
July 1977
Signing of African convention on Mercenaries
1985
Conventions on mercenaries from 1977 to oppose the threat on
African states entered into effect.
6 April 1985
Sudan Civil war breakout with a coup lead by Abdul Rahman
Suwar ad-Dahhab, which involved mercenaries
March 1991
Armed internal conflict in Sierra Leone, with the formation of the
RUF
28 September 1995
Coup attempt in The Islamic Federal Republic of Comoros
1998
South Africa passed the "Regulation of Foreign Military
Assistance Act",
31 December 1998
Closure of Executive Outcomes
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
2003
France criminalized mercenary activities, within a mercenary
level of remuneration
16 April 2004
Closure of Sandline International
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
UN involvement
The declaration of resolutions regarding the use and recruitment of mercenaries
against national liberation movements and sovereign states, mainly in the seek of
independence on Colonial countries:
• A/RES/2465(XXIII) on the 20 Dec. 1968
• A/RES/2548(XXIV) on the 11 Dec. 1969
• A/RES/2708(XXV) on the 14 December 1970
• A/RES/3103(XXVIII)on the 12 December 1973
• A/RES/3314(XXIX) on the 14 December 1974
Security Council resolutions which condemned States that permitted or tolerated
the recruitment of mercenaries:
• Resolutions 239 (1967) of 10 July 1967,
• Resolution 405 on the 14 April 1977,
• Resolution 419 on the 24 November 1977,
• Resolution 496 on the 15 December 1981
• Resolution 507 on the 28 May 1982
.UN Assembly of Heads of State and Government acceptance and adoption of the
convention held from 2 to 5 July 1977, punishing mercenaries and their effect on
the independence on liberty seeking African colonial States.
The declaration of Resolutions E/RES/1986/43 on the 1 September 1986 and
E/RES/1987/61 on the 1 September 1987 by the Economic and Social Council,
which condemned the increasing recruitment, financing, training, assembly, transit
and use of mercenaries.
The declaration of the Resolution A/RES/42/96 on the 7 December 1987, treating
the “Use of mercenaries as a means to violate human rights and to impede the
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
exercise of the right of peoples to self-determination”. This resolution was the first
one only treating the issue of mercenaries and their punishment.
Declaration of the Resolution A/RES/44/34 on the 4 December 1989, of an
”International Convention against the Recruitment, Use, Financing and Training of
Mercenaries.”
Declaration of the Resolution 4/RES/2005/2 on the 7 April 2005, on “The Use of
Mercenaries As a Means of Violating Human Rights and Impeding the Exercise of
the Right of Peoples to Self-determination”, which included the creation of Working
groups on points 11-14, 17-20 and 22, in charge of strengthening the international
legal framework for prevention and sanction of mercenaries.
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
Possible Solutions
Implementation of National Legislation to restrict and punish the use of
mercenaries, as they cause not only suffering of population, longer lasting and
bloodier conflicts, but also provoke a violation of the human rights and they imply
an impediment to exercise the right to self determination.
Publication of information to the states and their population on the adverse effects
of mercenary activities, mainly regarding their effect on the exercise of the human
rights and on self-determination.
Implementing a strong legal international framework for preventing and sanctioning
the recruitment, use, financing and training of mercenaries, making sure armed
forces will be sent in order in case they interfere in conflicts.
Assuring, through Commissions and resolutions, International cooperation between
States to prevent, prosecute and punish mercenary activities in any country.
Securing rapidly African States, mainly the ones who were colonies, through
agreements and resolutions, to guarantee the right of self-determination, the
exercise of the human rights and to guarantee democracy and development for all
the population. These agreements should be maintained even in cases of violence,
armed conflicts and determined foreign interests on decisions.
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
List of Sources
UN Commission on Human Rights, “Human Rights Resolution 2005/2: The Use of
Mercenaries As a Means of Violating Human Rights and Impeding the Exercise of
the Right of Peoples to Self-determination”, 7 April 2005, E/CN.4/RES/2005/2,
available at: http://www.refworld.org/docid/45377c39c.html accessed 19 April 2016
UN News Center, “ A/RES/41/102. Use of mercenaries as a means to violate
human rights and to impede the exercise of the rights of peoples to selfdetermination”, 4 December 1986, Date Accessed: April 19, 2016
UN News Center, “A/RES/42/96. Use of mercenaries as a means to violate human
rights and to impede the exercise of the right of peoples to self-determination”, 7
December 1987, April 20, 2016
Human
Rights
Documents,
“Human
Rights
Documents”,
http://ap.ohchr.org/documents/alldocs.aspx?doc_id=8704 Date Accessed: April 21,
2016
O.A.U. Doc. CM/433/Rev.L, Annex 1(1972), “OAU Convention for the Elimination of
Mercenaries in Africa”,
https://www1.umn.edu/humanrts/instree/mercenaryconvention.html, Date
Accessed: April 21, 2016
Bruce Blain, “The Role Of Private & Mercenary Armies In International Conflict”,
Edited by Damian Hornich,
http://www.informationclearinghouse.info/article3396.htm Accessed: April 21, 2016
“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,
https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?action=openDocument&documentI
d=D9E6B6264D7723C3C12563CD002D6CE4, Date Accesed: 22 April, 2016,
O.A.U, “OAU Convention for the Elimination of Mercenarism in Africa”, Libreville
3rd July 1977,
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?action=openDocument&documentI
d=0C24F4AAE67230CAC12563CD002D6D42, Date accessed: 22 April, 2016
UN News Center, “A/RES/37/43. Importance of the universal realization of the right
of peoples to self-determination and of the speedy granting of independence to
colonial countries and peoples for the effective guarantee and observance of
human rights”, 3 December 1982, Accessed: April 24, 2016
UN Commission on Human Rights, Use of mercenaries as a means of impeding
the exercise of the right of peoples to self-determination., 17 February 1995,
E/CN.4/RES/1995/5, available at: http://www.refworld.org/docid/3b00f0b610.html
[accessed 24 April 2016
UN Commission on Human Rights, The use of mercenaries as a means of violating
human rights and impeding the exercise of the right of peoples to selfdetermination.,
27
March
1998,
E/CN.4/RES/1998/6,
available
at:
http://www.refworld.org/docid/3b00f0c64.html [accessed 24 April 2016]
COMMISSION ON HUMAN RIGHTS, “THE RIGHT OF PEOPLES TO SELFDETERMINATION AND ITS APPLICATION TO PEOPLES UNDER COLONIAL OR
ALIEN
DOMINATION
OR
FOREIGN
OCCUPATION“
,27
January
1998,
https://documents-ddsny.un.org/doc/UNDOC/GEN/G98/102/97/PDF/G9810297.pdf?OpenElement,
Date
Accessed: 24 April 2016.
COMMISSION ON HUMAN RIGHTS, “THE RIGHT OF PEOPLES TO SELFDETERMINATION AND ITS APPLICATION TO PEOPLES UNDER COLONIAL OR
ALIEN
DOMINATION
OR
FOREIGN
OCCUPATION”
17
January
https://www1.umn.edu/humanrts/commission/thematic52/27-mer.htm Date
Accessed: 24 April 2016.
1996,
EMUN 2016 GA3 – Combating the use of mercenaries as a mean of violating human rights
and impeding the exercise of the rights of people to self determination
Useful sources:
http://www.ohchr.org/EN/HRBodies/CHR/Pages/CommissionOnHumanRights.aspx
https://en.wikipedia.org/wiki/Mercenary#National_laws
https://en.wikipedia.org/wiki/Executive_Outcomes#Dissolution
http://www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/WGMercenari
esIndex.aspx
https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentI
d=9EDC5096D2C036E9C12563CD0051DC30
https://www.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?action=openDocument&documentI
d=0C24F4AAE67230CAC12563CD002D6D42
http://fas.org/irp/news/1995/a-50-390.htm ]