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Sovereign Law Series

“International Convention Against
the Recruitment Use Financing and
Training of Mercenaries” of 1989


Short-Form Reference:

1989 “Convention Against the Use of Mercenaries”

In-Line Micro Reference:

1989 “Convention on Mercenaries”

Ratification / Registration:

UN-GA Res. 44/34 (04 Dec 1989)


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Introductory Notes by the Independent Judiciary

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Introduction & Index

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and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
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added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

International Convention Against the Recruitment
Use Financing and Training of Mercenaries

Preamble

The States Parties to the present Convention,

Reaffirming the purposes and principles enshrined in the Charter of the United
Nations and in the Declaration on Principles of International Law concerning Friendly
Relations and Cooperation among States in accordance with the Charter of the United
Nations;

Being aware of the recruitment, use, financing and training of mercenaries for
activities which violate principles of international law, such as those of sovereign
equality, political independence, territorial integrity of States and self-determination
of peoples;

Affirming that the recruitment, use, financing and training of mercenaries should be
considered as offences of grave concern to all States and that any person committing
any of these offences should be either prosecuted or extradited;

Convinced of the necessity to develop and enhance international cooperation among
States for the prevention, prosecution and punishment of such offences;

Expressing concern at new unlawful international activities linking drug traffickers and
mercenaries in the perpetration of violent actions which undermine the constitutional
order of States;

Also convinced that the adoption of a convention against the recruitment, use,
financing and training of mercenaries would contribute to the eradication of these
nefarious activities and thereby to the observance of the purposes and principles
enshrined in the Charter;

Cognizant that matters not regulated by such a convention continue to be governed
by the rules and principles of international law;

Have agreed as follows:


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Article 1

For the purposes of the present Convention:

1.
A mercenary is any person who:

(a)
Is specially recruited locally or abroad in order to fight in an armed
conflict;

(b)
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
rank and functions in the armed forces of that party;

(c)
Is neither a national of a party to the conflict nor a resident of territory
controlled by a party to the conflict;

(d)
Is not a member of the armed forces of a party to the conflict; and

(e)
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.

2.
A mercenary is also any person who, in any other situation:

(a)
Is specially recruited locally or abroad for the purpose of participating in a
concerted act of violence aimed at:

(i)
Overthrowing a Government or otherwise undermining the
constitutional order of a State; or

(ii)
Undermining the territorial integrity of a State;

(b)
Is motivated to take part therein essentially by the desire for significant
private gain and is prompted by the promise or payment of material compensation;

(c)
Is neither a national nor a resident of the State against which such an act
is directed;

(d)
Has not been sent by a State on official duty; and

(e)
Is not a member of the armed forces of the State on whose territory the
act is undertaken.

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Article 2

Any person who recruits, uses, finances or trains mercenaries, as defined in Article 1 of
the present Convention, commits an offence for the purposes of the Convention.

Article 3

1.
A mercenary, as defined in Article 1 of the present Convention, who participates
directly in hostilities or in a concerted act of violence, as the case may be, commits an
offence for the purposes of the Convention.

2.
Nothing in this Article limits the scope of application of Article 4 of the present
Convention.

Article 4

An offence is committed by any person who:

(a)
Attempts to commit one of the offences set forth in the present
Convention;

(b)
Is the accomplice of a person who commits or attempts to commit any of
the offences set forth in the present Convention.

Article 5

1.
States Parties shall not recruit, use, finance or train mercenaries and shall
prohibit such activities in accordance with the provisions of the present Convention.

2.
States Parties shall not recruit, use, finance or train mercenaries for the purpose
of opposing the legitimate exercise of the inalienable right of peoples to self-
determination, as recognized by international law, and shall take, in conformity with
international law, the appropriate measures to prevent the recruitment, use, financing
or training of mercenaries for that purpose.

3.
They shall make the offences set forth in the present Convention punishable by
appropriate penalties which take into account the grave nature of those offences.



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Article 6

States Parties shall cooperate in the prevention of the offences set forth in the present
Convention, particularly by:

(a)
Taking all practicable measures to prevent preparations in their
respective territories for the commission of those offences within or outside their
territories, including the prohibition of illegal activities of persons, groups and
organizations that encourage, instigate, organize or engage in the perpetration of such
offences;

(b)
Coordinating the taking of administrative and other measures as
appropriate to prevent the commission of those offences.

Article 7

States Parties shall cooperate
in taking the necessary measures for the
implementation of the present Convention.

Article 8

Any State Party having reason to believe that one of the offences set forth in the
present Convention has been, is being or will be committed shall, in accordance with
its national law, communicate the relevant information, as soon as it comes to its
knowledge, directly or through the Secretary-General of the United Nations, to the
States Parties affected.

Article 9

1.
Each State Party shall take such measures as may be necessary to establish its
jurisdiction over any of the offences set forth in the present Convention which are
committed:

(a)
In its territory or on board a ship or aircraft registered in that State;

(b)
By any of its nationals or, if that State considers it appropriate, by those
stateless persons who have their habitual residence in that territory.

2.
Each State Party shall likewise take such measures as may be necessary to
establish its jurisdiction over the offences set forth in Articles 2, 3 and 4 of the present
Convention in cases where the alleged offender is present in its territory and it does
note extradite him to any of the States mentioned in paragraph 1 of this article.
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3.
The present Convention does not exclude any criminal jurisdiction exercised in
accordance with national law.

Article 10

1.
Upon being satisfied that the circumstances so warrant, any State Party in
whose territory the alleged offender is present shall, in accordance with its laws, take
him into custody or take such other measures to ensure his presence for such time as
is necessary to enable any criminal or extradition proceedings to be instituted. The
State Party shall immediately make a preliminary inquiry into the facts.

2. When a State Party, pursuant to this article, has taken a person into custody or
has taken such other measures referred to in paragraph 1 of this Article, it shall notify
without delay either directly or through the Secretary-General of the United Nations:

(a)
The State Party where the offence was committed;

(b)
The State Party against which the offence has been directed or
attempted;

(c)
The State Party of which the natural or juridical person against whom the
offence has been directed or attempted is a national;

(d)
The State Party of which the alleged offender is a national or, if he is a
stateless person, in whose territory he has his habitual residence;

(e)
Any other interested State Party which it considers it appropriate to
notify.

3.
Any person regarding whom the measures referred to in paragraph 1 of this
Article are being taken shall be entitled:

(a)
To communicate without delay with
the nearest appropriate
representative of the State of which he is a national or which is otherwise entitled to
protect his rights or, if he is a stateless person, the State in whose territory he has his
habitual residence;

(b)
To be visited by a representative of that State.

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4.
The provisions of paragraph 3 of this Article shall be without prejudice to the
right of any State Party having a claim to jurisdiction in accordance with Article 9,
paragraph 1 (b), to invite the International Committee of the Red Cross to
communicate with and visit the alleged offender.

5.
The State which makes the preliminary inquiry contemplated in paragraph 1 of
this Article shall promptly report its findings to the States referred to in paragraph 2 of
this Article and indicate whether it intends to exercise jurisdiction.

Article 11

Any person regarding whom proceedings are being carried out in connection with any
of the offences set forth in the present Convention shall be guaranteed at all stages of
the proceedings fair treatment and all the rights and guarantees provided for in the
law of the State in question. Applicable norms of international law should be taken
into account.

Article 12

The State Party in whose territory the alleged offender is found shall, if it does not
extradite him, be obliged, without exception whatsoever and whether or not the
offence was committed in its territory, to submit the case to its competent authorities
for the purpose of prosecution, through proceedings in accordance with the laws of
that State. Those authorities shall take their decision in the same manner as in the
case of any other offence of a grave nature under the law of that State.

Article 13

1.
States Parties shall afford one another the greatest measure of assistance in
connection with criminal proceedings brought in respect of the offences set forth in
the present Convention, including the supply of all evidence at their disposal necessary
for the proceedings. The law of the State whose assistance is requested shall apply in
all cases.

2.
The provisions of paragraph 1 of this article shall not affect obligations
concerning mutual judicial assistance embodied in any other treaty.

Article 14

The State Party where the alleged offender is prosecuted shall in accordance with its
laws communicate the final outcome of the proceedings to the Secretary-General of
the United Nations, who shall transmit the information to the other States concerned.

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Article 15

1.
The offences set forth in Articles 2, 3 and 4 of the present Convention shall be
deemed to be included as extraditable offences in any extradition treaty existing
between States Parties. States Parties undertake to include such offences as
extraditable offences in every extradition treaty to be concluded between them.

2.
If a State Party which makes extradition conditional on the existence of a treaty
receives a request for extradition from another State Party with which it has no
extradition treaty, it may at its option consider the present Convention as the legal
basis for extradition in respect of those offences. Extradition shall be subject to the
other conditions provided by the law of the requested State.

3.
States Parties which do not make extradition conditional on the existence of a
treaty shall recognize those offences as extraditable offences between themselves,
subject to the conditions provided by the law of the requested State.

4.
The offences shall be treated, for the purpose of extradition between States
Parties, as if they had been committed not only in the place in which they occurred but
also in the territories of the State required to establish their jurisdiction in accordance
with Article 9 of the present Convention.

Article 16

The present Convention shall be applied without prejudice to:

(a)
The rules relating to the international responsibility of States;

(b)
The law of armed conflict and international humanitarian law, including
the provisions relating to the status of combatant or of prisoner of war.

Article 17

1.
Any dispute between two or more States Parties concerning the interpretation
or application of the present Convention which is not settled by negotiation shall, at
the request of one of them, be submitted to arbitration. If, within six months from the
date of the request for arbitration, the parties are unable to agree on the organization
of the arbitration, any one of those parties may refer the dispute to the International
Court of Justice by a request in conformity with the Statute of the Court.

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2.
Each State may, at the time of signature or ratification of the present
Convention or accession thereto, declare that it does not consider itself bound by
paragraph 1 of this Article. The other States Parties shall not be bound by paragraph 1
of this Article with respect to any State party which has made such a reservation.

3.
Any State Party which has made a reservation in accordance with paragraph 2 of
this Article may at any time withdraw that reservation by notification to the Secretary-
General of the United Nations.

Article 18

1.
The present Convention shall be open for signature by all States until 31
December 1990 at United Nations Headquarters in New York.

2.
The present Convention shall be subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United Nations.

3.
The present Convention shall remain open for accession by any State. The
instruments of accession shall be deposited with the Secretary-General of the United
Nations.

Article 19

1.
The present Convention shall enter into force on the thirtieth day following the
date of deposit of the twenty-second instrument of ratification or accession with the
Secretary-General of the United Nations.

2.
For each State ratifying or acceding to the Convention after the deposit of the
twenty-second instrument of ratification or accession, the Convention shall enter into
force on the thirtieth day after deposit by such State of its instrument of ratification or
accession.


Article 20

1.
Any State Party may denounce the present Convention by written notification to
the Secretary-General of the United Nations.

2.
Denunciation shall take effect one year after the date on which the notification
is received by the Secretary-General of the United Nations.



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Article 21

The original of the present Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-
General of the United Nations, who shall send certified copies thereof to all States.

In witness whereof the undersigned, being duly authorized thereto by their respective
Governments, have signed the present Convention.