Here too, the intent to employ mercenaries or to turn an individual into a mercenary is obvious.

The definition identified a mercenary, but did not refer to companies which were mercenary in nature.

A mercenary can, without ceasing to be a mercenary, also become a terrorist.

It is precisely the existence of loopholes and legal ambiguities that has facilitated the use of mercenaries and of companies engaged in mercenary activities, without any effective legal action being taken against those who hire mercenaries or against mercenaries themselves.

With particular regard to Afghanistan, mercenaries fell into several categories, including those working for private companies, those in the pay of warlords, and those involved in drug trafficking in the highly lucrative illegal poppy cultivation market.

Referring only to mercenary individuals allowed a mercenary company to operate without liability.

apos Article 63 1 Mercenary activity

III. Mercenary activities in Africa

117. Because mercenary activities and the conduct of the mercenary himself can seriously impair the enjoyment of human rights, the self determination of peoples, the stability of constitutionally established Governments and international peace and security, mercenary activities and the mercenary career must be clearly and unequivocally banned.

(c) To monitor mercenaries and mercenary related activities in all their forms and manifestations in different parts of the world

In carrying out their operations, these companies do not hesitate to hire mercenaries to take charge of the military aspects.

The 1989 Convention dealt with the consequences of the activity, not the reasons for it.

President Mandela apos s democratic Government has taken an explicit stand against the use of mercenaries and mercenary activities.

Case study three Mercenaries and mechanics

Mercenaries Mr. Bernales Ballesteros Special Rapporteur

C. Terrorism and mercenary activities

Recommends the following draft decision to the Economic and Social Council for adoption

Furthermore, no provision is usually made for the extradition of mercenaries, and this makes it easier for them to commit crimes with impunity.

In the light of the experience of mercenarism in this region, a redefinition of the term mercenary would seem appropriate.

IV. Persistence and evolution of mercenary activities

Convinced that, notwithstanding the way in which mercenaries or mercenary related activities are used or the form they take to acquire some semblance of legitimacy, they are a threat to peace, security and the self determination of peoples and an obstacle to the enjoyment of human rights by peoples,

(a) Information on the possible existence of any recent mercenary activities (recruitment, financing, training, assembly, transit or use of mercenaries)

49. In addition, the definition of mercenary contained in article 47 refers to the elements which must be present in order to determine who is or is not a mercenary.

An individual who really was, in practice, a mercenary could, for instance, invoke some of these flawed legal criteria to avoid being characterized as such.

To counter mercenarism on the continent, a combination of international, regional and national legislation is required which specifically target mercenarism.

Resort to a range of offences for which mercenaries could be held liable under criminal law codes pointed to the absence of specific legal measures on mercenaries.

Mr. Pikoli said that the problem of mercenaries and mercenary activities was an international problem that had to be solved at the universal and regional and at the domestic level.

That could provide a loophole for mercenaries.

V. Private security companies and mercenary activities

The fact that a Government hires mercenaries, or specialized firms providing mercenary services, to defend it and to strengthen its position in an armed conflict must not be invoked to claim that such acts are legal.

79. The Special Rapporteur recommends to the General Assembly that it reiterate its condemnation of mercenary activities, whatever form they take, and that it request all Member States to include in their domestic criminal legislation express provisions characterizing mercenarism as a criminal offence and to prohibit the use of their territory for the recruitment, training, assembly, transit, financing and use of mercenaries.

At the international level, efforts should be made to solve technical and legislative problems relating to mercenaries, starting with the limitations of the definition of mercenary .

Recognizing that mercenary activities continue to increase in many parts of the world and take on new forms, permitting mercenaries to operate in a better organized way, with increased pay, and that their numbers have grown and more persons are prepared to become mercenaries,

Legislation on mercenaries should not just be punitive, but must also attempt to close the loopholes in regard to how mercenaries acquire arms.

The report and the proposed legal definition of a mercenary should encapsulate the general problem of mercenarism as well as its more specific regional aspects.

With respect to mercenary activities, Malaysia was very concerned with the statement, if it was true, that States were patronizing the services of mercenaries for illegitimate purposes.

Formal condemnations of mercenarism have not succeeded in preventing recourse to mercenaries, or to companies of dubious legality and legitimacy.

Above all, the people fear the possible recruitment of mercenaries.

C. Presence of mercenaries in the Democratic Republic of the Congo

51 Russia's Criminal Code, however, contained the offence of mercenarism , defined in article 359, under the chapter dealing with serious crimes under international law, as participation in armed conflict or military actions , and criminalized the recruitment, training, financing and provision of material assistance to mercenaries.

43. Mr. Welch also said that a provision of South African law on the prohibition of mercenary activities was contained in section 121 A of the 1957 Defence Act (Act No. 44 of 1957) which prohibits the members of the South African Defence Force and reserve and auxiliary members of that Force from serving as mercenaries or providing services as mercenaries.

The crime was defined as participation of a mercenary in armed conflict or military actions .

The United Nations could tap into these to reinforce the international legal structures against mercenary activity Legislation on mercenaries should not just be punitive but must also attempt to close the loopholes in regard to how mercenaries acquire arms.

The Rome Statute of the International Criminal Court did not include the crime of mercenarism, although the sending by or on behalf of a State of mercenaries, which carry out acts of armed force against another State could serve to prohibit mercenarism indirectly when the crime of aggression is eventually defined.

This is inevitable, since the material connection between the activities of mercenaries and their involvement in terrorist acts is amply demonstrated by the many cases of terrorist attacks in which it was found that the act was perpetrated by one or more mercenaries hired to commit the crime.