- Joined
- Nov 4, 2017
Funfact: wagnetards aren't protected by international war in this case. They aren't soldiers, they aren't civilians helping own forces in war ont they land, they aren't even insurgents. The only legal frameworks than protect/non protect them from execution/hanging on na tree/seting them of fire after capture is local war of whatever country they are.
Incorrect - sort of.
The Geneva Convention (specifically the UN convention on war and most specific the UN convention on mercenaries) defines a mercenary as someone who meets all 6 of the following:
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.
This resolution was mainly added to the Geneva convention to address Executive Outcomes types - that is, armed individuals working largely on the behalf of private entities to support coups & overthrows. Modern PMC bullshit was not considered.
Legally defined mercenaries like this are not considered lawful combatants, and thus are not afforded POW status and protections, but if captured are entitled to normal legal protections - you have to put them on trial, you can't just summarily execute them. But none of the other requirements regarding treatment or conditions apply.
PMCs are in a light grey area. The US historically has hidden its PMCs behind b), using the argument that PMCs like Blackwater are running logistics and security and thus not directly taking part in the hostilities; if they do engage in combat it is incidental to their support mission; even civilian medical units are allowed to carry light arms and defend themselves.
I'm not sure how Wagner is classed in Russian hierarchy, given they are directly engaging in combat and b) most certainly applies. If Russia has officially 'deputized' the Wagner soldiers it hires as part of their military, they'd be protected.
Mainly though, everyone's been performing a sort of 'gentlemen's agreement' when it comes to PMC personnel; as long as they are uniformed, they are to be treated as lawful combatants, but its also usually been Asymmetric situations. This is the first time the convention might get a real test.
edit: I mean it won't, there will be a back room deal worked out avoid having to hash through it, but its possible
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