Authors : Hesamuddin Aslani and Farid Azadbakht
Abstract: The main objective of this research is to analyze the legal status of mercenaries of war (Iran-Iraq War Case Study). In classical customary international law, mercenary is a soldier who has uttered an oath of allegiance to submit a government or king and presents his military service. From the perspective of classical international law, mercenaries are military professionals that regardless of the nationality and residence of the parties involved in the war gave their military service for whoever hired them to fight. The main objective of mercenaries is not loyalty to a particular political or social ideal, but to gain material benefits (money, Booty and the like). For this reason, they are not primarily committed to complying with local laws and international conventions. Protocols, Geneva Conventions and indeed, all the rules of the (including Convention and customary) armed conflict must be interpreted in a way that first, prevents the growth and spread of war crimes and, secondly, the interpretation must be in support of victims of war. Therefore, it must be said that the role of a mercenary depends on his action. Because, basically a mercenary’s act breaches the peace and international security, or provides incentives that promote or provide a violation of international peace and security; interpretation of international conventions and norms must be done to reduce and prevent mercenary action.
Hesamuddin Aslani and Farid Azadbakht, 2016. Analysis of the Legal Status of Mercenaries of War (Iran-Iraq War Case Study). The Social Sciences, 11: 6227-6233.