Sage-Tips

Do private military contractors follow Geneva Convention?

What is the status under international law of private military contractors during a military occupation? The 1949 Geneva Conventions distinguish between members of the armed forces (combatants) and civilians. Contractors are considered to be civilians authorized to accompany the force in the field.

Who do the Geneva Conventions apply to?

The Geneva Conventions apply in all cases of declared war, or in any other armed conflict between nations. They also apply in cases where a nation is partially or totally occupied by soldiers of another nation, even when there is no armed resistance to that occupation.

Does the Geneva Convention apply everywhere?

This article states that the Geneva Conventions apply to all cases of international conflict, where at least one of the warring nations have ratified the Conventions. Primarily: The Conventions apply to all cases of declared war between signatory nations.

Do mercenaries follow the Geneva Convention?

The Geneva Conventions declare that mercenaries are not recognized as legitimate combatants and do not have to be granted the same legal protections as captured service personnel of a regular army.

Does the Geneva Convention apply to non signatories?

Applicability of the Geneva Conventions The Conventions apply to all cases of declared war between signatory nations. The Conventions apply to a signatory nation even if the opposing nation is not a signatory, but only if the opposing nation “accepts and applies the provisions” of the Conventions.

Does the Geneva Convention apply domestically?

The Geneva Conventions are rules that have been agreed upon by various member nations and apply usually to times of armed conflict. Notably, the Geneva Conventions do not apply to civilians in non-wartime settings, nor do they generally have a place in dealing with domestic civil rights issues.

Is being a mercenary a war crime?

A mercenary, as defined in article 1 of this Convention, who participates directly in hostilities or in a concerted act of violence, as the case may be, commits an international crime for the purposes of the Convention.

Can anyone join a private military?

If you’re unable to join the military, you can still provide service to the country as a private military contractor. While many positions require military experience, some private military contractor jobs require no experience in the military. That doesn’t mean there aren’t hoops to jump through to get those jobs.

When did the Geneva Convention enter into force?

Geneva Convention relative to the Treatment of Prisoners of War, 75 U.N.T.S. 135, entered into forceOct. 21, 1950. PART I GENERAL PROVISIONS

Can a PMC employee be placed in a military situation?

To prevent PMC employees from jeopardizing their protection as civilians – a cardinal principle of IHL – they should not be placed in ambiguous military situations. Under international law and International Humanitarian Law, the outsourcing of military services is explicitly prohibited: Only members of armed forces can participate in hostilities.

How are prisoners of war transferred under the convention?

Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances,…

When does the Convention apply to a High Contracting Party?

The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.