THE LEGAL REGULATION AND STATUS OF MERCENARIES
THE LEGAL REGULATION AND STATUS OF MERCENARIES

Author(s): Iurie Odagiu, Vasili Beda
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, International Law, Security and defense, Military policy
Published by: CEEOLPRESS
Keywords: mercenary; mercenary activity; international law; national security; international relations; legal regulation; armed conflict;
Summary/Abstract: This study focuses on the legal status of mercenaries carried with an emphasis on the historical development of the activity and use of mercenaries phenomenon in the international law context. For this purpose, the main approaches of different researchers to the issue in question were analyzed, and the international normative acts which legally regulate the activity of mercenaries were studied. At the same time, in the framework of the research, the problem of using mercenaries as a method of affecting human rights and preventing the realization of people’s right to self-determination is addressed. The actuality of the specified problem is also underlined by the fact that the geostrategic problems are becoming increasingly pronounced, specifically under the influence of the conflict factor in the Black Sea region generated by the invasion of Russian military structures in Ukraine. Generalizing the whole spectrum of mentioned risks, through our investigation, we can find that the tempo of the development of the mercenary phenomenon in contemporary world at the moment offers this scourge possibilities to obtain some forms of legalization, eroding the lines of demarcation of legal actions and increasingly placing the problem of mercenary activity in the „grey zone” of modern legislations, thus advancing the risks to national and community security to an ever higher level.

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