Challenging the Strength of the Anti-Mercenary Norm

TY - JOUR

T1 - Challenging the Strength of the Anti-Mercenary Norm

AU - Liu, Hin-Yan

AU - Kinsey, Christopher

PY - 2018/1/1

Y1 - 2018/1/1

N2 - This article questions the prevailing view that there is a strong international norm against mercenary activity. We argue, instead, that international restrictions placed upon mercenaries are the tangential expressions of more basic and pervasive international norms, namely those of state neutrality, the right of peoples to self-determination, and freedom of movement. To buttress our claim, we draw upon documentary evidence specific to critical moments in the norms' expansion, including the Napoleonic Wars to 1840, the Crimean War, and conflicts of national liberation in the decolonization era. The evidence suggests a broad indifference to mercenaries among policymakers during such pivotal periods. We conclude that the antimercenary norm grounded in moral objections is not as strong as its supporters suggest and often becomes compromised when national interests dictate.

AB - This article questions the prevailing view that there is a strong international norm against mercenary activity. We argue, instead, that international restrictions placed upon mercenaries are the tangential expressions of more basic and pervasive international norms, namely those of state neutrality, the right of peoples to self-determination, and freedom of movement. To buttress our claim, we draw upon documentary evidence specific to critical moments in the norms' expansion, including the Napoleonic Wars to 1840, the Crimean War, and conflicts of national liberation in the decolonization era. The evidence suggests a broad indifference to mercenaries among policymakers during such pivotal periods. We conclude that the antimercenary norm grounded in moral objections is not as strong as its supporters suggest and often becomes compromised when national interests dictate.

KW - Faculty of Law

KW - Mercenary

KW - Norm

U2 - 10.1093/jogss/ogx024

DO - 10.1093/jogss/ogx024

M3 - Journal article

SN - 2057-3170

VL - 3

SP - 93

EP - 110

JO - Journal of Global Security Studies

JF - Journal of Global Security Studies

IS - 1

ER -