The 57th Session of the Human Rights Council

9 September – 11 October

Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

12 September 2024

By Julius Schmitz / GICJ

Executive Summary

On 12 September 2024, the topic of mercenaries was discussed at the 8th meeting of the 57th Session of the Human Rights Council. The report by the Working Group highlights the nexus between the presence of mercenaries in a conflict area and the proliferation of arms, which results in an intensification of the conflict, an increase in violence, and the violation of human rights and international humanitarian law. Mercenary groups acquire and disperse weapons through State-sponsoring, looting armouries, and criminal networks. The Working Group urged for better global mechanisms for arms control and called on Member States to abstain from supporting or using mercenary groups.

The Working Group conducted a country visit to Côte d’Ivoire. This visit followed an inspection from 2014, and the Working Group was satisfied to see that the root causes of the conflict had been addressed and that the foundation for a legal framework to prevent mercenaries had been laid. Nonetheless, the Working Group expressed concern about legal loopholes, ongoing activities of private security firms, and a lack of prosecution of perpetrators.

The representative of Côte d’Ivoire rejected the claims made by the Working Group. Other States highlighted different activities of mercenaries in conflict areas and correlated human rights violations and other security concerns.

Report on Arms Transfer and Mercenaries (A/HRC/57/45)

The report by the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination began by highlighting that the presence of mercenary groups in areas of conflict prolongs the conflict, escalates the violence, and increases the risk of human rights violations. Recent trends in the proliferation of arms and mercenary activities have caused suffering among civilians through violations of international humanitarian law. The amount of small arms in conflict areas is increasing, as is the level of mercenary activity in these conflicts. These trends are exacerbated by states focusing on security and monetary interests instead of protecting civilians and upholding human rights. The working group has identified four ways mercenary groups are connected to the legal and illegal arms trade.

The first way is through cooperation with a State. Certain states actively provide arms to non-state actors, such as mercenary groups, to fulfil the services required by the state. Furthermore, through the negligence of states in monitoring and licensing weapons, as well as end-users, opportunities are created for the proliferation of arms to mercenary groups. The expert group has also found many cases where States forged or illegally issued certifications. The second way is through the diversion of stockpiles and armouries. Often, mercenaries seize arms on the battlefield, or ineffective physical security of state arsenals enables mercenaries to loot arms.

Additionally, bribery of state officials or soldiers enables the seizure of State armouries. A third way is illegal arms brokering. Arms brokers and transportation agents often sell and ship arms through opaque transnational criminal networks, which enable the diversion of arms into the hands of mercenary groups. The last way mercenaries source weapons is through existing illegal networks. Weapons have been sold on e-platforms in the dark web, facilitated by the surge of electronic, untraceable payment systems. Technological advancements in weapons manufacturing have also enabled mercenary groups to use artisanal weapons production. Arms embargoes, aimed at preventing arms from getting into the wrong hands, have started to be questioned in response to Libya’s efforts to circumvent them by purchasing and selling arms in open sea. Mercenaries were continuously involved in this type of arms transfer.

The proliferation of arms is directly connected to the violation of human rights. As populations in countries increasingly gravitate toward urban regions, so does conflict. This means that civilians are increasingly becoming victims of human rights violations such as extrajudicial killings, forced disappearances, torture, violence, slavery, rape, forced prostitution, and the recruitment and use of child soldiers. Weapons such as artillery, mortars, and bombs take an exceptionally high toll on the civilian population, which makes controlling such weapons vital for improving the safety of civilians.

Based on the report, the Working Group concluded that more regional, national, and international weapons control and regulation mechanisms are needed. The Working Group called upon Member States to stop supporting mercenary groups, regulate arms trade at sea, strengthen control mechanisms, and prohibit the manufacture of certain weapons.

Upon invitation by the government, the Working Group visited Côte d’Ivoire. The country had been riddled with human rights violations committed by mercenaries on both sides of the civil war since 2002. The Working Group reported on these violations during a 2014 visit. After the recent country visit, the Working Group reported that the country has begun to address the root causes of the conflict, has established a robust legal framework to combat mercenary activities, and is now mostly free of mercenary presence. However, the Working Group also noted that the population of Côte d’Ivoire lacked trust in the legal system and that many perpetrators of past human rights violations managed to evade prosecution through loopholes in the criminal code and amnesty, violating victims' rights to truth and justice.

Additionally, the continuously high presence of small and light arms and the high level of smuggling activities concern the Working Group. Furthermore, the lack of oversight mechanisms over private security firms and gaps in the legal framework regulating private security and military activities might create a vacuum in which local or foreign private military providers could establish a renewed presence. The Working Group called upon the government of Côte d’Ivoire to increase its security efforts along its northern borders and to implement strategies to alleviate poverty in the region. This aims to prevent the recruitment and use of mercenaries in the area.

Background

The UN initially appointed a Special Rapporteur on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination in 1987. However, after the mandate ended in 2005, the Working Group on the use of mercenaries took up the work of the Special Rapporteur. The mandate of the Working Group was renewed in 2022.

The Working Group is tasked with monitoring mercenary and mercenary-related activities, studying the sources, causes, manifestations, and trends surrounding mercenaries and their impact on human rights. It is further tasked with strengthening the international legal framework to effectively combat mercenaries. In carrying out its mandate, the Working Group communicates detected mercenary activities to States and other actors, undertakes country visits to examine the presence and impact of mercenaries, and submits annual thematic reports regarding its mandate to the Human Rights Council and the General Assembly.

In line with its mandate, the Working Group visited Côte d’Ivoire in March 2024 at the government’s invitation. The purpose of the visit was to examine the implementations that followed the Working Group’s previous visit in 2014 and identify any potential obstacles. Additionally, the Working Group assessed the country’s transition to peace after the 2002-2007 conflict and the 2010 post-election crisis.

Interactive Dialogue 

The representative of the Working Group on mercenaries began her opening remarks by thanking Member States, UN agencies, national human rights institutions, intergovernmental and non-governmental institutions, non-state actors, investigative bodies, academic institutions, civil society organisations, as well as other stakeholders for their cooperation on the report. She highlighted the importance of the topic of mercenaries and arms proliferation and stressed the need to address the presented issues.

The representative of Cote d’Ivoire thanked the Working Group for their report but pointed out that the shortcomings the Working Group had identified in the legal institutional framework were incorrect. The representative referred to the country’s criminal code and other legal frameworks that address participation in mercenary activities. The representative further stated that the claim that Ivorians lack trust in the country’s legal system is false, arguing that the judgment of a judicial system is highly country-specific and that the country’s judicial system effectively provides justice to victims. In response to the Working Group’s claims about insufficient border security, the representative stated that the government is taking adequate measures to protect its borders. The statement concluded by noting that Côte d’Ivoire is free of any mercenary or private military organisations.

The delegate of the State of Palestine brought attention to the use of mercenaries by the Israeli Defense Forces, referring to evidential material found in online networks. She highlighted the war crimes committed by foreign fighters in Gaza. Furthermore, she pointed out the lack of commitment by the international community, despite obligations under International Humanitarian Law, to prevent foreigners from joining the Israeli Defense Forces.

The representative of the United Kingdom expressed concern regarding the activities of the Wagner Group, which proliferates arms, destabilises countries, and commits atrocities. She highlighted other emerging groups replacing Wagner and supporting Russia’s foreign objectives. The representative emphasised the United Kingdom’s commitment to combating mercenary activities around the globe. She concluded by asking the Working Group about its plans to assist States in overcoming the challenges posed by the shift in conflict toward using mercenaries.

The delegate of Russia started his statement by stressing that mercenary activities are illegal in the country and escalate and prolong conflicts. As an example, he stated that the participation of Western mercenaries in the attack on Kursk Oblast in Russia, who propagate their attacks on civilians and infrastructure online and are often encouraged by Western States. He ended by urging the Working Group to put an end to mercenary activities such as the one he mentioned.

The delegate of China highlighted the lack of restrictions and international regulations on mercenary activities. He stressed that the high presence of small arms within mercenary groups and the lack of control over these have led to proliferation and risk to regional and global security. The delegate especially pointed towards the lack of regulation in the United States, the United Kingdom and Australia, leading to a high risk to global security and the integrity of human rights of refugees and migrants in other countries. He urged the named countries to take action against these risks and refine their regulations on private military companies.

The delegate of the European Union highlighted a growing concern about the proliferation of human rights and international humanitarian law violations by mercenaries, including war crimes, the looting of natural resources, and the intimidation, torture, and killing of civilians. The delegate of the European Union expressed an exceptionally high concern about the actions of the Wagner Group, which destabilises various parts of the world. The delegate ended by explaining the regulatory framework of the European Union that prohibits the proliferation and misuse of weapons sold by Member States.  

The representative of Sierra Leone highlighted his country's firsthand experience of the detrimental effects of mercenary involvement in conflict. He pointed out that mercenaries prolong conflicts, destabilise regions, and prohibit the enjoyment of human rights. He affirms Sierra Leone’s commitment to working with relevant stakeholders to strengthen national frameworks against the use of mercenaries. Sierra Leone’s government further recognised the importance of monitoring the transfer of weapons and international cooperation in that regard. Ultimately, he asked the Working Group how the international community can better cooperate to prevent human rights violations linked to mercenary activities.

The representative of Iraq highlights that the need to provide job opportunities for young people, reduce unemployment, and achieve SDGs is one of the main tools for achieving peace and security and, in turn, minimising the recruitment and use of mercenaries. Furthermore, the international division between countries and the involvement of large and powerful nations in international conflicts has led to an increase in mercenary activities. Due to that, the representative mandates the regulation of private security and military contractors.
The delegate of Columbia gave the example of colombian mercenaries killing the president of Haiti, Jovenel Moïse, in 2021, for what intensity mercenary activities have reached. He further pointed towards legal adaptions that Columbia made to prevent the training, financing, or employment of mercenaries.
The representative of Egypt expressed concern over a rise in the exploitation of social and economic conditions of individuals that led to the recruitment of mercenary groups. He demanded more control over mercenary groups and the private military and security sector. Furthermore, he urges for the creation of legal mechanisms that allow for remedy and reparation for damage caused by mercenaries. The delegate emphasises that mercenary groups need to be transparent and adhere to international humanitarian law, which needs to be controlled by the international community.
The delegate of South Africa pointed towards the countries legal framework to prohibit mercenary activities. He highlighted the urgent need to regulate the activities of foreign military contractors through strengthening the international control and monitoring framework.

Different NGOs thematised various crimes and other issues connected to mercenaries. Mercenaries employed by the government of Sri Lanka, the recruitment of mercenaries among migrants, and the recruitment of mercenaries by Turkey and Russia in Syria were connected to the jeopardisation of stability and peace in the regions. Various violations of human rights such as the right to life or physical well being were connected to mercenary activities in the different regions and conflicts.

Position Statement of Geneva International Centre for Justice

Geneva International Centre for Justice (GICJ) condemns the employment of mercenaries and other private military contractors. It is clearly evident that the use of mercenaries and similar actors prolongs conflict, proliferates conflict, and intensifies conflict. The use of mercenaries is strongly correlated to human rights violations. We urge the international community to improve its mechanisms to stop the proliferation of small arms to non-State actors such as mercenaries. Humanities' most lethal, devastating, and cruel inventions need to be monitored and controlled. We further call upon all governments to stop any support for mercenaries and similar armed groups to improve global safety, stability, and living conditions.

Moreover, governments must bring justice to the victims of private military contractors and hold mercenaries accountable for their crimes. This applies to countries where mercenaries are deployed and countries that support and fund those mercenary groups. The export of war and violence as a commercial good is undermining safety worldwide and needs to be stopped immediately.

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