The UAE and Columbine mercenaries and the extent to which this violates international norms and conventions ✍️ Hisham Mahmoud Suleiman..former Secretary General of the Commission on Human Rights
The UAE's funding of Colombian mercenaries in armed conflicts such as the war in Sudan raises numerous legal and ethical questions under international laws, customs and treaties.
They constitute flagrant violations of international laws for reasons
as :-
1. Violation of international humanitarian law
International humanitarian law, represented by the Geneva Conventions of 1949 and their Additional Protocols, prohibits the participation of mercenaries in armed conflicts. Mercenaries are defined as individuals employed primarily for profit and not to defend their country or a legitimate cause.
Protocol I additional to the Geneva Conventions (1977) Article 47 prohibits mercenaries and sets out criteria for their definition, including that they are not members of the armed forces of a party to the conflict and that they act primarily for profit.
The use of mercenaries contributes to the escalation of the conflict and the perpetration of violations against civilians, which constitutes a violation of fundamental humanitarian principles.
2. Violation of national sovereignty
Financing and hiring mercenaries to participate in a country's internal conflicts constitutes direct interference in its internal affairs, which violates the principle of national sovereignty set out in the United Nations Charter (Article 2).
3. Violating United Nations resolutions
The United Nations explicitly condemns the use of mercenaries in armed conflicts. The UN Security Council has issued resolutions calling for combating mercenaries and punishing countries that support them, for example: –
Security Council resolution 2462 (2019) calls on States to refrain from supporting mercenary-related activities that lead to destabilization
4. Treaties prohibiting mercenaries
There are international treaties that explicitly prohibit the recruitment or use of mercenaries, such as:
International Convention against the Recruitment, Use, Financing and Training of Mercenaries (1989) This convention obliges States parties not to finance or use mercenaries in armed conflicts or in any action aimed at destabilizing States.
Consequential damages: –
1. Conflict escalation
The presence of mercenaries complicates conflicts, prolongs them and increases human and material losses
2. Undermining justice and accountability Mercenaries often operate far from any legal system of accountability, leading to crimes committed with impunity.
3. Destabilize regional security. The financing of mercenaries affects the stability of neighboring countries and threatens international peace and security.
Possible legal procedures: –
A. Submit formal complaints to the UN Security Council and the UN General Assembly
2. Ask the International Criminal Court to investigate violations if it finds evidence of war crimes or crimes against humanity
3. Form an international commission of inquiry to investigate the role of financial parties and the use of mercenaries
Conclusion:-
In doing so, the UAE is financing the participation of mercenaries in the Sudanese war, which constitutes a blatant violation of international laws and treaties. This behavior not only weakens international law, but also increases the suffering of the Sudanese people and threatens the region. security.
The international community must commit to taking firm action to hold the UAE accountable as it is an aggressor against Sudan and outside of all international norms, pacts and pacts. This is necessary to maintain justice and international peace.
