Citat:
Ursprungligen postat av
kuluser
Men Genèvekonventionen gäller inte legosoldater tror jag!
Genevekonventionen gäller alltid frivilliga från utlandet, som slagits för någon sida.
Det är också hårda krav för vilka legoknektar, som inte får fullgott skydd, om Ukraina hyr in folk räknas de som Ukrainska soldater.
Man får givetvis inte heller behandla legoknektar hur som helst.
A mercenary shall not have the right to be a combatant or a prisoner of war.
A mercenary is any person who:
(a) is especially 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.
All the criteria (a–f) must be met, according to the Geneva Convention, for a combatant to be described as a mercenary.
According to the GC III, a captured soldier must be treated as a lawful combatant and, therefore, as a protected person with prisoner-of-war status until facing a competent tribunal (GC III Art 5). That tribunal, using criteria in APGC77 or some equivalent domestic law, may decide that the soldier is a mercenary. At that juncture, the mercenary soldier becomes an unlawful combatant but still must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial", being still covered by GC IV Art 5. The only possible exception to GC IV Art 5 is when he is a national of the authority imprisoning him, in which case he would not be a mercenary soldier as defined in APGC77 Art 47.d.
https://en.wikipedia.org/wiki/Mercenary