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DemocratSinceBirth

(99,710 posts)
Wed Mar 30, 2022, 02:54 PM Mar 2022

Mercenaries aren't covered under the Geneva Convention

If Ukrainians capture members of the Wagner Group they can treat them as they will. Those monsters decapitated a Syrian and displayed the headless body. That being said " Battle not with monsters, less ye become a monster."

9 replies = new reply since forum marked as read
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Mercenaries aren't covered under the Geneva Convention (Original Post) DemocratSinceBirth Mar 2022 OP
Private Military Contractors are not Mercenaries Abnredleg Mar 2022 #1
It depends if current iteration of Ukraine was a signator to the Torchlight Mar 2022 #2
Both are considered signatories Abnredleg Mar 2022 #5
I think you may be confusing the parameters of economic treaties Torchlight Mar 2022 #7
I'm talking about the Geneva Convention Abnredleg Mar 2022 #9
They act like a gang. DemocratSinceBirth Mar 2022 #3
Just like Blackwater at times Abnredleg Mar 2022 #6
Not a fan of them but they aren't hired to assassinate foreign leaders. DemocratSinceBirth Mar 2022 #8
Wouldn't the Fundamental Guarantees in Article 75 of Additional Protocol I apply? Make7 Mar 2022 #4

Abnredleg

(669 posts)
1. Private Military Contractors are not Mercenaries
Wed Mar 30, 2022, 03:06 PM
Mar 2022

The law surrounding PMCs is murky since they are a relatively new creation but an argument can be made that they come under the “ militia and volunteer corps” language of international law, and are therefore entitled to POW status. There is also language in other parts of the law that seem to indicate otherwise. In short, it’s complicated.

Torchlight

(3,332 posts)
2. It depends if current iteration of Ukraine was a signator to the
Wed Mar 30, 2022, 03:14 PM
Mar 2022

United Nations Mercenary Convention (1989).

I don't think the Kiev government as it stands now, could be considered a legitimate signatory, as it was the government of the Ukrainian Soviet Socialist Republic that signed.

Abnredleg

(669 posts)
5. Both are considered signatories
Wed Mar 30, 2022, 03:41 PM
Mar 2022

Based on everything I’ve read. All the republics of the Soviet Union agreed to voluntarily comply with the SU’s treaty obligations when dissolved. Certainly Russia assumed the treaty rights and obligations of the Soviet Union, as well as its debt.

The part of international law governing this is State Succession, and it’s very complicated.

Torchlight

(3,332 posts)
7. I think you may be confusing the parameters of economic treaties
Wed Mar 30, 2022, 03:51 PM
Mar 2022

as being the same standard as military treaties.

As per 'America, Russia, and the Making of Post-Cold War Stalemate' by Sarotte, the military and economic treaties signed by Soviet states and satellites no longer part of that system are not bound to compliance in the present.

They may however resign, give consideration or refuse given the establishment of a new government.

(See also, The Gates of Europe Paperback by Serhii Plokh which reinforces Sarotte's assertions)

Abnredleg

(669 posts)
9. I'm talking about the Geneva Convention
Wed Mar 30, 2022, 04:33 PM
Mar 2022

And everything I’ve seen says both sides are considered signatories. As to other obligations, I’m just saying international law on State Succession is very complicated, which is just another way of saying you easily argue both sides of any particular issue. Take the effort to strip Russia of its Security Council seat. It was assumed for 30 years that the seat was properly passed down to Russia. Now, not so much.

Make7

(8,543 posts)
4. Wouldn't the Fundamental Guarantees in Article 75 of Additional Protocol I apply?
Wed Mar 30, 2022, 03:39 PM
Mar 2022

Both Russia and Ukraine have signed them.

https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=086F4BB140C53655C12563CD0051E027

Seems to set out minimum protections for any persons in custody not covered by other sections of the Conventions.

But IANAL...

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