jhungary
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It really depends on the circumstance.I mean like Vietnamese, or Afghans who fought under US army.. but were nor residents of the US.. what would have been their faith if caught in that war by the opposing side..???
Let me make this clear for you.
There are 6 requirements for you to met to be call a Mercenary. You need to meet ALL 6 to be identify as Mercenary That was laid out in Article 47 Geneva Convention Protocol I
2. A mercenary is any person who:
(a) is specially recruited locally or abroad in order to fight in an armed conflict;
(b) does, in fact, take a direct part in the hostilities;
(c) 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 ranks and functions in the armed forces of that Party;
(d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;
(e) is not a member of the armed forces of a Party to the conflict; and
(f) 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.
So it meant A person who is specifically recruited (1) to take part in a conflict (2) and is motivated by personal/private gain or material compensation that would be more than what is pay to any state actor (3) and is neither a citizen nor resident of any party in this conflict (4) or represent any armed force in each belligerent state (5) and is not send by any state party as an official member of its armed force (6) Then and only then, can that person be a mercenary.
Let's break down what is a Mercenary and what isn't
- So if you are not specifically recruit to fight in a conflict (as in being tricked) then you are not a mercenary
- So if you are not taking part in the hostilities (as in tourist/foreign national that trap in a warzone) then you are not a mercenary
- So if you are not motivated by personal gain or are promise to paid more than the state actor (As in member of a NGO for example) , then you are not a mercenary
- So if you are a citizen or resident of a party of that conflict, even if you are motivated by personal gain and paid more than State Actor (US PMC in Iraq for example) You are not a mercenary, this is due to inherit right of self defence, as a citizen/resident of belligerent party have the right to defend yourself in a war your country involved in.
- So if you are a organised member of the Armed Force of the belligerent party (Foreigner in war sponsored by state armed force) then you are not a mercenary
- So if you are send by a state that is not a party in the conflict but was an official member of that party armed force in a warzone for official duty (UN Observer or Foreign Embassy military escort), then you are not a mercenary
So if US, Vietnam, or Afghanistan is one of the party of the conflict, then D will not met, and they are not Mercenary. If US is a belligerent party but not Vietnam and Afghanistan, and those Vietnmanese and Afghani fought UNDER US (as an interpreter as an example) then E will not met and they are not mercenary, If none of those are party to a conflict, then depends on whether or not they are in a conflict zone for official business on behalf of their respective country. If they are, then F will not met and they are not Mercenary. If They are not in a conflict zone for official business, then depends on whether and they are specifically recruited for conflict, then depends on if they were paid more than any State Actor, if they do, then they are Mercenary, and if they didn't then they aren't.