The war in Ukraine has revealed dark aspects of human nature and international relations, bringing to light the figure of mercenaries, fighters who fight far from their homelands, motivated by a complex range of reasons. Among these, Colombian veterans stand out, whose presence in the Ukrainian conflict was reported in detail by the State of São Paulo in December 2023, in the article “Colombian veterans work as mercenaries in Ukraine”. This situation sheds light on the complex web of motivations that lead individuals to become involved in foreign wars and, crucially, highlights the problematic ambiguity of the international laws of war, in particular the Geneva Convention.
The Geneva Convention, designed to establish ethical and legal standards in the conduct of war, faces a significant challenge when trying to categorize and regulate the figure of mercenaries. The legal text, despite their efforts to define what constitutes a lawful combatant, leaves gaps that allow different interpretations. This results in a gray area where mercenary activity can flourish, protected by an ambiguity that makes it difficult to apply sanctions or hold people accountable.
The presence of mercenaries in conflicts like the one in Ukraine is not just a reflection of global economic conditions, but also a symptom of the inadequacy of current international standards. The distinction between a legal combatant and a mercenary can be tenuous and is often based on criteria that are easily circumvented.. This legal uncertainty not only facilitates the recruitment of mercenaries by states or non-state actors, but it also calls into question the effectiveness of laws of war designed to protect humanitarian principles.
In addition, the issue of mercenaries directly touches on the concepts of sovereignty and foreign intervention. While some argue that hiring foreign fighters represents a violation of national sovereignty,, others see in the figure of mercenaries an extension of the defensive capabilities of a state under threat. In this context, Ukraine emerges as a scenario where the limitations of international regulation are exposed, as combatants from diverse backgrounds converge on conflict, each bringing their own justifications and contexts.
The situation of Colombian veterans in Ukraine also highlights the human dimension behind mercenarism. These individuals, often motivated by financial needs or a search for purpose, find themselves immersed in a reality of war that transcends their previous experiences. Their stories raise profound ethical questions about the use of war as a way of life and the conditions that lead human beings to engage in conflicts beyond their national borders..
It is imperative that the international community approaches the issue of mercenary with a critical and renewed perspective, recognizing the flaws and ambiguities of current laws. The reform of international standards, aiming for a clearer definition and stricter application, is essential to face the challenges posed by the changing nature of contemporary conflicts. Meanwhile, The story of mercenaries in Ukraine stands as a testimony to the urgent need to review and adapt the conventions governing war and humanity.
