Mercenary’s Legal Reference

Since we published the How to Become a Mercenary, many of the questions and comments coming in have centered on the legality of being a mercenary, and what kind of punishment a mercenary might face if he/she is caught in action. We’ll try to address these questions here, but please feel free to leave a comment if we got something wrong, or if you have tips about laws and regulations you think should be added to the list (both domestic and international).

What follows are short explanations of what the laws mean to you, and what consequences you’ll face if you violate them.

INTERNATIONAL LAW

The UN is responsible for most interntional laws, and there are a few that are interesting to mercenaries, or would-be mercenaries.

The Protocol Additional GC 1977 (APGC77), article 47

This article defines what a mercenary is. All criteria in the article must be met in order for a person to be ruled an “unlawful combatant”, or mercenary.

Consequences:

If you’re captured in combat, you will be treated as a PoW until a competent tribunal rules you a mercenary, or unlawful combatant. At that time, you will lose your PoW privileges, and you will be treated as a common criminal. In a worst case scenario, this means you will be facing execution.

It could be relevant to note that the US has not endorsed this article, and as such you cannot be ruled a mercenary under this definition if you’re captured in combat on US soil… that will probably not be a very likely scenario any time soon, though.

 

UN Resolution 44/34, or the “Mercenary Convention”

This resolution does, in fact, prohibit the use, training and financing of mercenaries, but there are relatively few signatories/endorsers. For all intents and purposes, it serves only to reinforce the article 47 we mentioned above, and in reality, there are no consequences for the individual mercenary because of this resolution. If you train, finance or use mercs in one of the State Parties, however, you might be in trouble.

Consequences: The resolution makes it possible for the UN to punish countries that break the resolution. The consequences for the individual mercenary will still be the same as for the Article 47.

 

Common misunderstandings and comments

A search for the word “mercenary” in the UN’s massive publications database yields 243 results, but the rules and regulations we’ve quoted above are the ones currently valid and as such are the ones you need to worry about. We have some bullets for you to think about, however:

  • Relatively few countries abide by the 44/34 resolution, and  the Geneva Convention definition is the one you’ll be keeping in mind.
  • Some critics say that the Geneva convention definition is too narrow, since it doesn’t take PMC’s into account, but we won’t worry about that here.
  • For now, a PMC employee is a lawful combatant, as long as he/she sticks to the mission as set out by the government that issued the contract.
  • If you are taken prisoner in your own country and ruled a mercenary, you will most likely face civil law and a civilian trial, unless a state of war is declared in that country.

 

DOMESTIC LAW

France:

French Penal Code L436-1L436-2,L436-3L436-4 and L436-5 forbids French nationals from being mercenaries, and defines the penalties for such activities.

Consequences: The penalties are fines, from 75,000 to 100,000 EUR (USD 98,000 – 130,000) but it’s hardly likely that you’ll face execution, at least.

The French laws do not prevent French nationals from being volunteers in “legitimate” armed forces, which would have been strange when considering their own use of foreign nationals in their FFL (Foreign Legion).

 

United Kingdon:

While the UK doesn’t have legislation pertaining directly to mercs, they do have laws preventing their nationals from enlisting in foreign armed forces, which may or may not be different things, depending on the situation. The legislation hasn’t been used much, either, even though it has been clarified at times, with the intent of use in specific scenarios.

Wikipedia says it thus:

The United Kingdom passed a Foreign Enlistment Act in 1819, and then the Foreign Enlistment Act 1870, making it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain. In the Greek War of Independence, British volunteers fought with the Greek rebels, which could have been unlawful; 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. In 1896 a Privy Council report noted that there had been no prosecutions under the Foreign Enlistment Acts and considered them unenforceable.

The British 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; nothing happened.

Consequences: In short; nothing much to worry about for UK citizens wanting to be mercenaries, at least from a domestic legislation point of view.

 

United States of America:

This is a tricky one indeed. The US has laws that seem to both make mercenaries legal and illegal at the same time, while it uses PMCs that are also considered legal, while the “Anti Pinkerton Act” seems to make them illegal. It’s very strange.

Mercenaries have seen wide use in the US, all the way from the war of Independence, and to the formation of the PMCs. The US government has at times used mercenary-like personell against its own citizens (Pinkerton, for example) and militias are to a certain extent legal.

Consequences: It seems that being a US citizen and a mercenary is nothing much to worry about, outside the consequences that you may be facing for breaking international law.

 

FAQ

Questions about the legality of being a mercenary are common, and we’ll try to answer some of the most common ones here. Feel free to leave a comment if you have a question or a comment!

Q: Do these laws only apply in combat/if captured in combat?

A: Yes and no. International law will only hit you if you’re captured in combat, but domestic laws can be used against you even if your country is not at war, just like any other criminal statute.

 

 

How to add to this page:

Right now, we have laws and regulations for only 3 countries posted here. If you have information that you think is pertinent to the article, please don’t hesitate to leave a comment or send us an email on contact@snallabolaget.com and let us know. We’re usually pretty good at replying and adding things, so go for it, soldier (of fortune)!

40 thoughts on “Mercenary’s Legal Reference

  1. am a kenyan and am dying to be a mercenery.with all my determination,passion and the courage in my spines even when am writing the comment now,i believe i deserve it.what i believe in this world is every dog has its day and tribulations have to be there for the ecosystem to balance.all the best.

  2. hi i am 24 years old i am from greece and i dont have a job for 3 years i know english very good and i whould like to be one of you guys if you like to recruit me i recoment to contact me through my e-mail giannaros24@hotmail.gr

  3. Hello, I have a question.
    Ukraine is a signatory of the UN Resolution 44/34, or the “Mercenary Convention”, and I hold citizenship there (however, I do not reside there). If I become a mercenary for another country (an African nation for example), how will this affect me?

  4. Hello! I’m from Serbia,38 years old and i want to become mercenary.I was member of Serbian Army and my army “job” was in scout-demolition forces,one year training and i have war experience.Good knowledge of english language.Searching only serious merc job,contact me with my e-mail. Farewell!

  5. I am 26. A former US marine. I was in an artillery unit but did a lot of infantry work. I would love to work with your team. Please email me.
    Thank you

  6. Back in the 60’s the US government unique way of dealing with US citizens that wanted to be a mercenary, they’d set them up to be eliminated. So when finding jobs through the personal ads in major newspapers, you had to be careful, there was always something wrong about the ones that were setups, but it eliminated a lot of wanna be’s. The government did this to discourage returning soldiers from Vietnam, who had a hard time integrating back into a culture that despised them, from starting wars. However; by the mid-70’s bored vets, trying to find something to do wound create missions, some were criminal, others not. I was invited on several such adventures. If you want to do this stuff, go to another country and denounce your US citizenship, it will make your life easier

    1. Look my email is aaronbrandt111@gmail.com help I’m fed up trying to play the stupid games. If its money I will pay for an advisor. I don’t care. I did 6 in the marines and I have a team of 7 who would walk through fire to get a mission done. If need be and you can aid me I cab write up a contract saying you will collect X% of our intake if you are serious contact me.

  7. I was born in Cilacap , Central Java , INDONESIA ,19 of May 1970 (44 years old). Christian. I know self defence. I am waiting for somebody respons about to be a fortune. I am SERIOUS.
    I realy thank you and i have a good respect for whose ever answer me or contacct me as i expect for.

    RKM Widodo.

  8. You will be rejected by the foreign legion if you are a felon. They currently receive far more applicants than they need for recruits. They will do a criminal background check in YOUR HOME country as well as with INTERPOL. I do not care what anyone else says to you. It sucks, but that’s what it is. Change your home country and get a passport from your new home country and then forge a birth certificate showing you were born in that country. Then you can travel to France and have a chance of joining. Or go to Mexico and fight with the drug cartels. These are your options. Let me know how it works out for you. If you can get an official answer from the FFL saying they now accept felons, post it or send it to me. mmachase81@yahoo.com

  9. Hi,av read the articles on mercenary jobs and have been quite interested in it and got more motivation,am in kenya and would like to be one of the mercenaries,please can i get guidance on how to get this job,

    regards

  10. Could someone become a one-man mercenary? I understand that if someone were to take that up, their references would have to be HUGE and their list of accomplishments even better.

  11. good day: my name John with (7) years in service military, I wan’t to be come part of this team, and gathering training, i been trained more knowledge MARKSMAN, am looking for personnel as a team work, i had skilled for more information about my data i would like to send email on this i mentioned is very important

  12. Good day: my name is John with (7) seven years in service military, I wan’t to be come part of this team, and gathering training, i been trained more knowledge MARKSMAN, am looking for personnel as a team work, i had skilled for more information about my data.

    i would like to send email:
    on this i mentioned is very important

    1. I am looking to become a Mercenary for the first time and would love the opportunity to prove myself in any situation in any kind of weather, my contact number is as follows 07541514277.

  13. I spent a short time in the military I’ve got some experiences in being able to fit in getting Intel for law enforcement I am a pretty good shot, I want to be more, need information

  14. Spent time in 1st queens dragoon guards (welsh calavary) (recce) ready weneva jus civi st not for me

  15. im an ex 19-D / 11-B. 6 yr. an 9 month enlistment no ties to anything in the states . i want to join a over seas contract i miss the fight . im a valuable asset just need an opportunity . please contact me at devinolesen163@gmail.com

    1. that makes you a terrorist, if you are active in military activity that is not related with state/ government then it defines you as terrorist.

  16. I dont care. I just want to kill people not get In trouble and get paid. Ill kill anyone. Im intersted. As log as it worth me quitting my three jobs.

    1. Calvin.

      Proceed to send an email to stanwyck@jrncorp.com
      If you have a Skype account (If not please create one) add john.white.jrncorp.com or search for the Skype account known as Emperor Stanwyck. An offer is being presented to you…Don’t keep us waiting.

    2. I was interested in your Mercenaries Articles and Wanted to see if there is any specific advice you can give for someone with some martial arts background, a willingness to do almost anything for the right price, and a strong drive to excel and earn.

      I am not the cowboy type who looks for violence, or adrenaline junky. But I am calculating and efficient.

      X

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