Statement
Mercenaries Participate in Ethiopian Aggression on Eritrea

1. It is to be recalled that Prime Minister Meles Zenawi of Ethiopia had, on 3 February 1999, admitted that the Ethiopian Air Force has been strengthened by the recruitment of foreign technicians and trainers. There is now conclusive evidence that among the so-called trainers are included mercenaries who are participating in the Ethiopian war of aggression against Eritrea.

2. A mercenary is, according to Article 1 of the International Convention Against the recruitment, Use, Financing and Training of Mercenaries (UN General Assembly resolution 44/34), a person who is:
* specifically recruited locally or abroad in order to fight in an armed conflict,
* motivated essentially by the desire for private gain and, in fact, is promised, by or on behalf of a party to a conflict, material compensation substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party;
* neither a national of a party to the conflict nor a resident of territory controlled by a party to the conflict;
* not a member of the armed forces of a party to the conflict and
* 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.

3. Additionally, a mercenary is also a person who, in any other situation, is recruited to participate in a concerted act of violence with the view to (a) overthrowing a Government or otherwise undermining the constitutional order of a state and (b) undermining the territorial integrity of a state.

4. It has become increasingly evident that the real objective of the latest Ethiopian aggression has been the "undermining of the territorial integrity of Eritrea and to overthrow the present Eritrean Government." There is also incontrovertible evidence that these mercenaries have actually participated in the aerial bombardments, by helicopter gunships and aircraft, of Eritrean villages and towns, killing several innocent civilians, and in attacking Eritrean military positions. The mercenaries involved have been lured to participate in the Ethiopian aggression by payments of large sums of money.

5. Mercenaries are considered criminals by international law. Thus, by UN General Assembly Resolutions 3103 (XXVIII) of 1973, 2465 (XXIII) of 1968, 2548 (XXIV) of 1969 and 2708 (XXV) of 1970 mercenaries are considered criminals which should be accordingly punished.

6. It is also to be noted that the Declaration on Principles of International Law concerning Friendly Relations and Cooperation Among States declares that it is the duty of states not to organize or encourage the organization of irregular forces or armed bands including mercenaries for incursion into the territory of another state.

7. Furthermore, General Assembly Resolution 35/48 (1980) which established an ad-hoc committee on the Drafting of an International Convention Against the recruitment, Use, Finance and Training of Mercenaries recognized that "the activities of mercenaries are contrary to fundamental principles of international law..." Then too, Article 3 (g) of General Assembly Resolution 3314 (XXIX) of 1974 which defines aggression includes the sending of mercenaries by or on behalf of a state against another state as amounting to aggression. Needless to say, several resolutions of the OAU consider the recruitment and use of mercenaries as a grave crime because of the suffering they have caused to many African states.

8. The recruitment of mercenaries is condemned by Articles 2, 3 and f4 of UN General Assembly Resolution 44/34, which provides that any person who recruits, uses, finances or trains mercenaries or who, being a mercenary, participates directly in hostilities in a concerted act of violence, commits an offense for the purposes of this convention as does a person attempting to commit such an offense and an accomplice.

9. Finally, by article 44 of the 1977 Additional Protocol I to the 1949 Geneva Convention relating to the victims of international armed conflict, a mercenary does not enjoy the rights of a combatant or a prisoner of war.

10. The Government of Ethiopia has violated the clear provisions of several international instruments and, by its actions, committed aggression against Eritrea. It has also committed crimes against regional peace and security. What is more disturbing is that all these heinous crimes are committed by a state which is hosting the OAU and the United Nations Economic Commission of Africa. By its actions, Ethiopia is holding both the UN and the OAU in contempt. It is no longer possible to accept such behavior and all the necessary measures must be taken to relocate both these institutions from a country which is holding Africa in contempt.

Ministry of Foreign Affairs
Asmara, 11 February 1999