Mercenaries and International Law

This essay seeks to analyze the relationship between mercenarism and international law. It is divided into three large sections. The first briefly describes the progress of international law in typifying mercenarism as a crime and underlines the elements that, in the author’s opinion, a multilateral legal instrument that is destined to definitely proscribe mercenarism in international relations must have. The second one examines some of the internal legislation existing in relation to mercenarism and stresses the need for legislation on this issue when these laws do not exist, or to update and enforce those that already exist. The third section examines in detail, the evolution of positive international law applicable to mercenaries. The conclusions underline the need for States to adhere to the 1989 international convention so that it can be put into effect.