The Plight of Indian Nationals as Mercenaries

In a tragic revelation, the Ministry of External Affairs (MEA) recently acknowledged the deaths of two Indian nationals recruited by the Russian Army amidst the ongoing conflict in Ukraine. These incidents highlight a growing trend where Indians, lured by promises of lucrative salaries and Russian citizenship, have become ensnared in labor trafficking rackets.

Who are Mercenaries?

• Mercenaries are individuals who are recruited to participate in armed conflicts by a party to the conflict that is not their own state.
• They are motivated primarily by personal gain or financial reward rather than by ideological, national, or other similar considerations.
• Under international humanitarian law (IHL), specifically Article 47 of Additional Protocol I to the Geneva Conventions, mercenaries are defined by several criteria:
  • They are specially recruited locally or abroad.
  • They directly participate in hostilities.
  • Their motivation for participating in hostilities is primarily personal gain.
  • They are promised or paid material compensation substantially exceeding that given to combatants of similar ranks and functions.
  • They are neither nationals nor residents of a party to the conflict.
  • They are not members of the armed forces of a party to the conflict.
• Mercenaries, if captured, do not qualify for prisoner-of-war status and may face prosecution for acts committed during the conflict.

Why the trend is on rise?

• The landscape of mercenary activities has evolved with the rise of Private Military Companies (PMSCs), which perform roles ranging from combat operations to logistical support.
• Unlike mercenaries, PMSCs operate under loosely defined legal frameworks, often relying on domestic laws rather than international conventions.
• This flexibility poses challenges in holding PMSCs accountable for their actions, as exemplified by the controversial operations of entities like the Wagner Group, reportedly staffed with Russian army veterans and implicated in international conflicts.

Current Regulatory Challenges

• There is absence of a comprehensive definition of mercenaries across national laws.
• Many states do not explicitly criminalize mercenary activities, complicating efforts to prosecute or deter such practices.
• Signatories to the Montreux Document commit to oversight of PMSCs to ensure compliance with humanitarian and human rights laws, although neither India nor Russia are signatories.