ACTIVITATEA MERCENARILOR – STUDIU DE DREPT PENAL COMPARAT (STATELE DIN CSI ŞI COMPANIILE MILITARE PRIVATE)
THE ACTIVITY OF MERCENARIES – A COMPARATIVE CRIMINAL LAW STUDY (CIS STATES AND PRIVATE MILITARY COMPANIES)

Summary/Abstract: The study provides an analysis of the provisions of the national legislation of certain states of the Commonwealth of Independent States (CIS) concerning the activity of mercenaries. In accordance with the provisions of Additional Protocol I of 1977 to the Geneva Conventions, an international legal instrument that enjoys quasi-universal adherence, the legal status of mercenaries is subject to specific regulations. Nevertheless, it should be noted that there are divergent interpretations in the case law and legal doctrine of certain signatory states. According to the above-mentioned provisions, persons classified as mercenaries are expressly denied the status of combatant and, by logical and legal extension, that of prisoner of war in the event of capture. Complementing the international regulatory framework, the International Convention against the Recruitment, Use, Financing and Training of Mercenaries, adopted by the United Nations General Assembly in 1989, provides for the criminalisation of mercenary activities. It is important to underline that this latter legal instrument has been ratified by a more limited number of states compared to Additional Protocol I, which may lead to limited applicability at global level. An additional issue highlighted in the legal review of this phenomenon lies in the significant variability in the definition of the notion of mercenary across different legal systems. This conceptual diversity stems from the application of criteria specific to each national jurisdiction, resulting in heterogeneous legislative and case-law approaches at international level. Accordingly, the legal classification of an individual as a mercenary may vary substantially depending on the applicable legal framework, generating potential complications in terms of international judicial cooperation and the uniform application of international humanitarian law. In the context of the study, the activity of private military companies will also be reviewed – an indispensable topic in discussions on the issue of mercenary activity.

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