DAVID (Eric) – MERCENARIES AND INTERNATIONAL VOLUNTEERS IN THE LAW OF HUMANS, International Law Center of the Institute of Sociology of the Free University of Brussels, No. 9
DAVID (Eric) – MERCENARIES AND INTERNATIONAL VOLUNTEERS IN THE LAW OF HUMANS, International Law Center of the Institute of Sociology of the Free University of Brussels, No. 9
    DAVID (Eric)
    International Mercenaries and Volunteers in Human Rights Law, International Law Centre of the Institute of Sociology of the Free University of Brussels, No. 9
Édition :
    Brussels
Date :
    1978
    octavo, paperback, (rare annotations in pencil), good condition, VI-459 p.
    "Mr. David's entire work consists of researching and analyzing the rights and obligations of States with regard to the actions of international volunteers, whether the States are parties to these actions, third parties, or victims. He first traces the entire history of international law, from Suarez, Grotius, and Vattel to 1978, tracing the sources of these rights and obligations of States, examining them in the rules of the law of neutrality, and then considering how the gradual and increasingly comprehensive introduction of the principle of the prohibition of the use of force into international legal instruments has led to prohibitions on the use of mercenaries. The same investigation is conducted in relation to the principle of non-intervention, the right of peoples to self-determination, and respect for the sovereignty of States." Having established these sources, the author proceeds to analyze successively the obligations of States Parties or third parties to hostile ventures by international volunteers, then the rights of these same States with respect to the ventures of these individuals, and finally the rights and obligations of States that are victims of the hostile ventures of these mercenaries. In this fourth and final part, one particular area of ​​research that caught our attention is the author's examination of the status of captured mercenaries, after having reviewed, in the second part on pages 229 and following, the definitions that international law attempts to provide of mercenary activity. While the definitions given in Rabat (in June 1972 in Article 1 of the draft Convention on the Elimination of Mercenaries in Africa) and in Luanda (in the judgment of June 28, 1976, rendered at the conclusion of the trial of 13 mercenaries who had participated in the Angolan civil war alongside the defeated party) are not included in any instrument of international law currently in force, the same cannot be said of that of Article 47, paragraph 2, of the First Additional Protocol to the four Geneva Conventions. This treaty of humanitarian law, adopted almost unanimously by the delegations at the Geneva Diplomatic Conference in June 1977 and signed since then by a majority of the world's states, has admittedly been ratified by only a tiny number of states. Nevertheless, it is already in force between them, and many of its provisions will, in a few years, become an integral part of humanitarian law.

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