The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 102
INTERNATIONAL CONVENTION AGAINST THE
RECRUITMENT, USE, FINANCING AND TRAINING
OF MERCENARIES

Adopted by resolution 44/34 of the United Nations General Assembly on 4 December 1989

INTRODUCTORY NOTE. After repeated denunciations of the use of mercenaries by UN organs, and in view of the limited applicability of Article 47 of Protocol I Additional to the Geneva Conventions (No. 56), the General Assembly, in 1980, established an ad hoc committee to draft a convention against the recruitment, use, financing and training of mercenaries, composed of 35 states (Resolution 35/48 of 4 December 1980). Nine years later, the General Assembly, by consensus, adopted the present Convention.

ENTRY INTO FORCE: 20 October 2001.

AUTHENTIC TEXTS: Arabic, Chinese, English, French, Spanish, Russian. The text bellow is reproduced from an original copy received from the United Nations treaty section. See also: Resolutions and decisions adopted by the General Assembly during its forty-fourth session, 19 September — 29 December 1989, General Assembly Official Records, Forty-fourth Session, Supplement No. 49 (A/44/49), pp. 306–308.

TEXT PUBLISHED IN: Résolutions et décisions adoptées par l'Assemblée générale au cours de sa quarante-quatrième session, 19 septembre-29 décembre 1989, Assemblée générale Documents officiels: quarante-quatrième session, Supplément No. 49 (A144149), New York, Nations Unies, 1990, pp. 322–324 (Arabic, Chinese, Engl., French, Span., Russ.); Droit des conflits armés, pp. 1289–1295 (French); RGDIP, 1990, pp. 561–568 (French); ILM, Vol. 29, 1990, pp. 89–97 (Engl.); E. Lawson, Encyclopedia of Human Rights, New York, Taylor & Francis Inc., 1991, pp. 924–925 (Engl., French); United Nations website: http://untreaty.un.org; ICRC website: www.icrc.org/ihl.nsf (Engl., French, Span.).

The States Parties to the present Convention,

Reaffirming the purposes and principles enshrined in the Charter of the United Nations and in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,

Being aware of the recruitment, use, financing and training of mercenaries for activities which violate principles of international law, such as those of sovereign equality, political independence, territorial integrity of States and selfdetermination of peoples,

-1243-

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