user wrote:
[...]
I can't seen to decide on a definitive answer because of:
1. They are - they are filling in the roles of US Army persons.
2. They are not - say what if the PMCs hire truck drivers from the US to drive trucks in Iraq? They are not considered mercenaries.
[...]
Well, looks like there really isn't a definitive answer. My guess would be, that we'd have to look up a definition of "mercenary" we all agree on and then compare the private companies, active in Iraq for example, to that definition. Sadly I don't have any english dictionaries at hand, so I can't provide one.
An online definition (
Geneva Conventions@Wikipedia)
Code:
Art 47. Mercenaries
1. A mercenary shall not have the right to be a combatant or a prisoner of war.
2. A mercenary is any person who:
(a) is specially recruited locally or abroad in order to fight in an armed conflict;
(b) does, in fact, take a direct part in the hostilities;
(c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;
(d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;
(e) is not a member of the armed forces of a Party to the conflict; and
(f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.
Since I don't agree on (d), I think part (b) is worth discussing and also where it gets difficult to decide one way or another. For example, in a country on the brink of or in civil war, is there really such a thing as not taking a direct part in hostilities for those companies? Is it a direct involvement if someone takes over logistical functions that free capacities of the coalition troops that are more directly involved in conflicts?