UN Committee reports "considerable progress" on anti-mercenary convention

UN Chronicle, June, 1989

Considerable progress has been reported by the Ad Hoc Committee on the Drafting of an International Convention against the Recruitment, Use, Financing and Training of Mercenaries during its 1989 session (New York, 30 January-17 February).

And, although "difficult issues" still remained to be resolved, the body believed that a final text would be ready "in a relatively short time span"'

Committee Chairman GebreMedhin Hagoss of Ethiopia said an early adoption of a convention would be of tremendous value to the progressive development of international law, a "signal to the rest of the world" of the importance given by the UN to the problem of mercenaries.

Carl-August Fleischhauer, UnderSecretary-General for Legal Affairs and UN Legal Counsel, told the Committee that slow progress in elaboration of such a convention was "no doubt attributable to the complexity of the subject-matter, but might have the unfortunate effect of casting doubt on the reprehensible character of mercenary activities under international law".

The General Assembly has called the activities of mercenaries contrary to fundamental principles of international law, such as noninterference in the internal affairs of States, territorial integrity and independence". Those activities also seriously impede the process of self-determination of peoples struggling against colonialism, racism and apartheid and all forms of foreign domination". The 35member Committee began its work in 1981.

This year, the Committee reexamined 22 draft articles of a "Third Revised Consolidated Negotiating Basis". In the course of intensive negotiations, agreement was reached on most points, and the total number of draft articles was reduced to 18. Now, six provisions in three draft articles and the preamble have to be agreed upon.

Offences and

punishment

The Drafting Group reported that there was general agreement that the convention should cover all mercenaries, whether they operated in the framework of an international or non-international armed conflict or outside the framework of an armed conflict.

According to texts on offences, any person who recruits, uses, finances or trains mercenaries, as defined in the convention, would be considered as committing an offence. Any mercenary who participates directly in hostilities or in a concerted act of violence would also be considered as committing an offence.

Several draft articles define obligations of States parties with regard to the prevention and punishment of the offences set forth in the convention. Among other things, they would co-operate in preventing offences by taking "all practicable measures" to prevent preparations in their territories of those offences, including the prohibition of illegal activities of persons, groups and organizations that encourage, instigate, organize or engage in the perpetration of such offences.

Other draft articles provide: (1) that each State party is under an obligation to establish jurisdiction over any offence committed on its territory or on board a ship or aircraft registered in that State, or by any of its nationals or by those stateless persons who have their habitual residence in its territory; and (2) that the State party in the territory in which the alleged offender is found is required, if it does not extradite him, to submit the case to its competent authorities for the purpose of prosecution.

States parties would afford one another with the "greatest measure of assistance" in connection with criminal proceedings in respect of offences defined in the convention. They would also undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

The Ad Hoc Committee recommended that a working group settle outstanding issues during the forty-fourth General Assembly to conclude a draft convention.