Modern Diplomacy
Oct 28 2020
By Vishal Sengupta
It is almost a month now since two of the former Soviet countries pitting against each other, The orthodox Christian Armenia and Muslim majority Azerbaijan. So far many casualties have been reported from both the side, however, what drew the attention and need to address soon is the involvement of the mercenaries in the conflict.
Historically mercenaries were used by many historic kingdoms to fight on their behalf or protect themselves from outside attacks for example the group called The Ten thousand a mercenary unit mostly consisted of Greeks who were hired by Cyrus the young to fight against his brother.
Then in the 14th Century came the famous John wood’s “The White Company“. An English Mercenary group consists of people of English, German, Hungarian origins. This group was famous for its expedition in Italy
Similarly, during the infamous raids by the Ottoman king Mahmud the II on the Byzantine Empire, the defence of the walls was handover to a famous Italian Mercenary Giovanni Guistiniani, who was given the task of defending the walls of the Kingdom with his army of Mercenaries. Throughout the raid, he and his mercenary army were able to hold up the post until he was shot and wounded during the last raid.
In the modern era, the mercenary fight was seen during the world war when few American volunteer pilots who called themselves The American Volunteer Group later were known as the infamous The Flying Tigers. Fought along with the Chinese against the Japanese forces in Burma (Myanmar).
Due to changes in the War and international Scenario, countries started hiring people for their conflicts so that anonymity can be kept. From Afghanistan to Syria the concept of mercenaries can be seen. But due to the complex international structure, the use of Mercenaries has become a debating topic for many reasons.
Destabilizing and international issues related to the hiring
Any military has to follow the basic rules of engagement that protects those combatants who were injured during the conflict and civilians who had to face the wrath of the conflict so for better understanding the International Humanitarian law had categorized the conflict into two areas a) International armed conflict b) No international armed conflict.
As per the Geneva Convention 1949 Article 2, the international armed conflict is when two ‘High contracting parties’ are involved. So technically it means in an international Armed conflict only military combatants of the states will be used however the situation with mercenaries is very different. The definition provided in the Additional protocol I suggested six-point that makes a party or individual a mercenary and as per IHL Database Customary IHL, the group had to meet all the six points provided in the definition to be claimed as a mercenary.
However, the problem arises when foreign Mercenaries started to enter into the war as many countries like Italy, France, and even Additional Protocol I does not acknowledge the mercenaries as a combatant or POWs that means any involvement of mercenaries will not just destabilize the situation more but it will cause great human rights violation
The legal Status of Mercenary is again something that causes a major issue in the international arena for example Under International Humanitarian Law being a mercenary is not seen as a crime and they had to be treated properly according to the fundamental guarantees under Article 75 whereas under two International conventions one is International Convention against the Recruitment, Use, Financing, and Training of Mercenaries adopted in 1989 and second is African Union, the Convention for the Elimination of Mercenaries in Africa both deem the use of mercenary as a crime.
Another important aspect brought into the light was the fact that these groups function anonymously and secretly and because of their secret nature it becomes hard to trace their origins as we have seen in the case of 2014 “The little Green man” incident was Russian involvement was alleged however the government denies any involvement with the incident, similarly the recent news of Turkey sending ex Syrian fighters to fight along with Azerbaijan was also denied by Turkey despite recent Reuters report of two Syrian fighters agreeing to the fact that they were sent by Turkey. Due to the clear deniability of the host nation, it became tougher to implement international law on them which lead to more human rights violations.
Human rights Violation
As the conflicts are becoming more private with the hiring of mercenaries the chances of human rights violations are also increasing and to address such issues Resolution 7/21 by Human Rights Council suggested the creation of 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. But it was the Nisour Square Massacre 2007 by the employees of “The Blackwater” PMCs that forced the international community for having a strong global regulation for mercenaries or PMCs.
Mercenaries in Nagorno-Karabakh has a greater impact not only on the disability of the region but also might cause human rights issues, as mercenaries are notorious for committing heinous crimes like Drug trafficking, rape, murders, etc there are high chances that the hiring of Syrian mercenaries will lead to a humanitarian issue as the majority of the Syrian fighters who previously belonged to the Anti-government rebel faction called the Free Syrian Army is being used in the conflict, though Turkey denied their involvement in hiring however many reports suggests that at least twenty of the soldiers belong to the Syrian rebels were killed in action who were hired by Turkey. As per the Guardian article written by Bethan Mckernan suggest that Turkey was paying the soldiers of the Murad division with almost 10,000 Turkish liras to protect the Azerbaijani Oil refineries.
The Mercenaries are always convicted of committing human rights violations like Murder, Drug Trafficking, Rape, etc. So far it is not exactly clear which group is being used in the Nagorno-Karabakh region but as per the news reports, the fighters mostly belong to the Turkish-backed Murad division and Free Syrian Army. Interestingly the members of the groups were involved in the recent Syrian crisis were as per the United Nations the same rebels were involved in many human rights violations like execution, torture, etc. that mostly went unnoticed in the similar lines an article in Business insider suggests how the Free Syrian Faction started involving in crimes like smuggling, Kidnapping, etc even Amnesty International on War Crimes in Syrian Conflict reported the human rights violation committed by the members of the Free Syrian Army.
Similarly, Murad Division has a history of attacking and torturing the members of the People’s Protection Unit (YPG). The division was also accused of committing violence in the parts of Afrin a Human Rights Digests published by the Office of the United Nations High Commissioner for Human rights pointed the violence like theft, harassments, murder and other abuses were committed by this group in the Northern Syrian region.
As there are no reports of hiring procedure there is a high chance that some criminals might have been hired in the conflict and might commit the same level of crimes they had committed during their days in Syria.
Paving way for terrorism and more conflict
Mercenaries have a history of committing crimes especially Transnational in nature and that is something even Antonio Guterres the current Secretary-General of United Nations had mentioned during his meeting summoned by Equatorial Guinea.
The usage of Syrian mercenaries will not only create a way for terrorism in the region but might lead to more sectarian and proxy conflict. As historically in many conflicts world has seen ex-terrorist being hired as a mercenary force in different battles for example Chechen rebels have been fighting alongside the Taliban in Afghanistan similarly many Yemeni mujahedeen fighters went to Afghanistan during the Afghan-Soviet fight who later became the reason for the creation of Al-Qaeda in Arabian Peninsula. Similarly, recent reports on ex ISIS fighters are being hired and sent to Nagorno-Karabakh is not only alarming information but this might also lead to the rise of the declining Islamic State of Levant- the Caucasus.
The historically Caucasian region was never free from insurgency and extremism the North Caucasian region was always infested with terrorism from groups like Al Qaeda, Jaish al-Muhajireen Wal- Ansar, Islamic Djamaat of Dagestan, and most importantly the Islamic State of Iraq and Levant – who involves a large number of foreign fighters for their fights. During the First and Second Chechen War, the region had seen a huge influx of Arab fighters participating in war similarly the group Jaish al-Muhajireen Wal and the Islamic States also believes in hiring foreign fighters for their cause and this is what makes them more troublesome in the region and involvement of Ex Islamic State fighter in the battle will open the Pandora box.
With Azerbaijan having their band of mercenaries fighting for them, reports also suggest that Armenia is also hiring Kurds especially Kurdistan Workers’ Party (PKK) and The People’s Protection Unit (YPG) to train the Armenian Militias to fight the war against the Azerbaijani forces and also the infamous Armenian Secret Army for the liberation of Armenia, fighters allegedly being hired to fight on their behalf. Kurds had a history of fighting on the behalf of Armenia as this is not the first time that Armenia had hired Kurds as their mercenaries, in 1923 – 1929 Armenia supported the Kurds group to form what previously was known as Kurdistansky Uyezd. This is the same group that is being designated as a terror outfit by Turkey, United States and even by the European Union, however, Armenia does not deem them as terror outfit this will create an issue for the international community to decide who is a terrorist and who is not and whom to put under trial as International Humanitarian law suggests that these mercenaries can only be prosecuted under the national laws, so if Armenia denies their involvement they might escape the trial and continue their fight and with such complexity in the international law famous dilemma of one man’s Terrorist Another Man’s freedom fighter will again arise and make this situation more tricky.
As Kurds, Free Syrian Army, Turkey getting involved in the fight this will surely push the parties into a different sectarian war as Kurds had an old rivalry with the Turks and Syrian rebels, similarly, the fighters of the Armenian Secret Army for the liberation of Armenia had a history of attacking the Turkish interest in the 1980s. With Pro – Armenian groups arriving to fight against the Turkish backed Azerbaijan, and countries like Russia coming into play this will increase the insecurity of Turkish leader Recep Tayyip Erdoğan which might push Erdoğan towards recruiting more no-state actors to achieve its dream of spreading its power and with insecurity more international state and non-state actors in the conflict might arrive which will make the issue more violent and complicated.
Conclusion
As the world becoming more privatized, countries are trying hard to make the war privatized as well by hiring mercenaries to protect their interest. Due to the lack of a proper international framework for mercenaries identifying the crimes committed by mercenaries is becoming hard and with such complexity bringing Mercenaries by both parties not only pave way for more insecurity in the region but also opens the door for more human rights violation.
It is high time that international parties especially Armenia and Azerbaijan should pledge to remove all the mercenaries form the current conflict so that proper international mechanism can be used to create peace among the parties