Summary

In this report, the Working Group on the use of mercenaries examines the evolution of the use of mercenaries and related actors against developments in the nature of contemporary armed conflicts, in addition to challenges for the implementation of the relevant international and regional legal frameworks pertaining to mercenaries. The report enumerates a broad range of actors and activities that may be considered mercenary-related and notes that special consideration should be paid to the specific context and conditions in which these actors operate.

The report outlines the impact of current and emerging manifestations of mercenaries and related actors on the enjoyment of human rights. In some cases, these actors have allegedly committed violations of international humanitarian law and human rights abuses. In other cases, their use has contributed to the intensification and prolongation of hostilities and therefore to the human suffering borne by the civilian population. Their activities may also undermine the right of peoples to self-determination, including in non-conflict settings.

The report sheds light on the pervasive secrecy and opacity surrounding mercenary and mercenary-related activities, which is particularly stark when such actors are employed as an instrument to remotely influence armed conflicts, while their patrons, including States, deny involvement and seek to avoid legal responsibilities. These dimensions represent a major obstacle to holding the perpetrators of violations and abuses accountable and providing victims with effective remedies, thus enabling perpetrators and those directing their actions to operate with impunity.

The report concludes with a call for urgent attention by States and other stakeholders to the new forms and manifestations of mercenary-related activities and sets out recommendations to stimulate thinking and discussion on ways to counter mercenary and mercenary-related activities more effectively.