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Russia's use of outlawed landmines and mercenaries poses problems for the international community in terms of future enforcement. On the one hand these underhand tactics can prove counterproductive for the army that uses them. A landmine could backfire and detonate on your own troops as a form of friendly fire. The rationale for banning landmines is their ability to kill civilians even after a war is long over owing to the way they're concealed. Mercenaries might lack the motivation to risk their own life in a firefight since they're not fully motivated by the cause. After all no amount of money will be useful to you if you're dead. So the dilemma of mercenaries is much like conscription where troop morale and loyalty are at risk of being undermined. Mercenaries are illegal because they could join with the wealthy bad side much like they did in colonial times.
However I don't think it's the worst war crime. For example there are grey areas in defining a mercenary. Is a foreign legion deemed a legitimate force simply because it's partially assimilated into the main military? Is British recruitment of Nepalese Gurkha soldiers far removed from hiring mercenaries due to it being a long historical tradition even if there's a cultural mismatch? Is a foreign volunteer who gets non-contractually compensated afterwards for bravery the same as a mercenary? Is a mercenary joining with the good side really a terribly immoral act? Is an evil mercenary much worse than an evil soldier when the crimes they end up committing are equally atrocious? I suppose there's an argument that it could be a slippery slope since an authoritarian regime will feel less accountable for mercenaries than their own troops. If a mercenary commits a separate war crime like executing a civilian then who gets most of the blame? Furthermore retaliation against mercenaries will have less deterrence than if the other side attacked the native recruits directly. In other words a nation might be willing to expend far more mercenaries than they would their own citizen-soldiers.
So while I agree in principle with banning mercenaries and landmines, I think there might be an exception to the rule if it's not being in any way reciprocated. With the amount of funding Ukraine is receiving they could almost hire a mercenary army themselves. I'm not advocating any policy and am merely using Ukraine as a hypothetical example. I think it'd be like the problem of excessive self-defence where proportionality is an important factor in terms of how culpable the resulting violence would be. The Allied bombing of Germany in WW2 would be a major war crime due to the heavy civilian losses were it not in the context of defending against a total war. Technically I believe it still is a war crime and we shouldn't redefine it. Nonetheless there were mitigating factors at play in WW2 as they'd say in a court case.
"Russian forces fighting in Ukraine have used banned antipersonnel mines in the eastern Kharkiv region, Human Rights Watch said today."
https://www.hrw.org/news/2022/03/29/ukraine-russia-uses-banned-antipersonnel-landmines
"Russia has deployed up to 20,000 mercenaries from Syria, Libya and elsewhere in its new offensive in Ukraine’s Donbas region, sent into battle with no heavy equipment or armoured vehicles, according to a European official."
https://www.theguardian.com/world/2...loyed-20000-mercenaries-ukraine-donbas-region
However I don't think it's the worst war crime. For example there are grey areas in defining a mercenary. Is a foreign legion deemed a legitimate force simply because it's partially assimilated into the main military? Is British recruitment of Nepalese Gurkha soldiers far removed from hiring mercenaries due to it being a long historical tradition even if there's a cultural mismatch? Is a foreign volunteer who gets non-contractually compensated afterwards for bravery the same as a mercenary? Is a mercenary joining with the good side really a terribly immoral act? Is an evil mercenary much worse than an evil soldier when the crimes they end up committing are equally atrocious? I suppose there's an argument that it could be a slippery slope since an authoritarian regime will feel less accountable for mercenaries than their own troops. If a mercenary commits a separate war crime like executing a civilian then who gets most of the blame? Furthermore retaliation against mercenaries will have less deterrence than if the other side attacked the native recruits directly. In other words a nation might be willing to expend far more mercenaries than they would their own citizen-soldiers.
So while I agree in principle with banning mercenaries and landmines, I think there might be an exception to the rule if it's not being in any way reciprocated. With the amount of funding Ukraine is receiving they could almost hire a mercenary army themselves. I'm not advocating any policy and am merely using Ukraine as a hypothetical example. I think it'd be like the problem of excessive self-defence where proportionality is an important factor in terms of how culpable the resulting violence would be. The Allied bombing of Germany in WW2 would be a major war crime due to the heavy civilian losses were it not in the context of defending against a total war. Technically I believe it still is a war crime and we shouldn't redefine it. Nonetheless there were mitigating factors at play in WW2 as they'd say in a court case.
"Russian forces fighting in Ukraine have used banned antipersonnel mines in the eastern Kharkiv region, Human Rights Watch said today."
https://www.hrw.org/news/2022/03/29/ukraine-russia-uses-banned-antipersonnel-landmines
"Russia has deployed up to 20,000 mercenaries from Syria, Libya and elsewhere in its new offensive in Ukraine’s Donbas region, sent into battle with no heavy equipment or armoured vehicles, according to a European official."
https://www.theguardian.com/world/2...loyed-20000-mercenaries-ukraine-donbas-region
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