Argument: Cyber Mercenaries

There is a new form of mercenary appearing on the continent which is hired to use technology, rather than a gun, to fight. Cyber mercenaries are a relatively recent phenomenon. In 2013, British intelligence service GCHQ stated that nations were beginning to employ hackers to ‘attack their enemies’28. Kenya experienced attacks by cyber mercenaries in 2013, with 91% of its organisations coming under attack from these hired hackers29. There is potential for this to become a substantial form of mercenary work in the future.

28) The Age ‘Hackers turn into cyber-mercenaries as nations battle a virtual war’ 2013

29) Murule,R. ‘Kenya: Firms Battle Cyber Crime’ 2013

Candidate 1: "Coups are becoming less frequent and less successful. The number of coups, which some mercenaries headed personally, has decreased from an average twenty per decade between 1960 and 1990 to ten a decade23. Success has also been less forthcoming; Simon Mann’s attempted coup in Equatorial Guinea was met with failure when he was arrested in Zimbabwe, and Bob Denard was eventually arrested by French forces for disgracing France’s reputation abroad with his frequent coups24.

23) August,O. ‘Africa Rising: A Hopeful Continent’ 2013

24) Mwagiru,C. ‘They Kill Africans, paid by Africans’ 2012"
Candidate 2: "NGOs are actively discouraged from hiring mercenaries. In 2003, UK Foreign Secretary Jack Straw strongly advised against the use of mercenaries by British companies on the Ivory Coast. In addition to government deterrence, many charities are more likely to depend on the United Nations to secure conflict zones before they operate. In Darfur, aid agencies relied upon the United Nations to set up refugee camps in the region rather than seek protection from mercenaries27.

27) Pham,J. ‘Send in the Mercenaries’ 2006"
Candidate 3: "Hired hackers don’t count as real mercenaries. While it is true that they are not a citizen of either state’s military structure and that they seek to gain profit from their venture, they do not qualify under the UN mercenary convention. To be a mercenary, one must qualify under all the conditions listed in the convention. Cyber mercenaries are not directly involved in acts of violence, which disqualifies them under Article 1, sub-section 2.A of the UN mercenary convention30. Definitions will have to be updated in the future if cyber-mercenaries are going to be considered anything other than criminals.

30) United Nations ‘United Nations Mercenary Convention’ 1989"
Candidate 4: "Firstly, the emergence of the African Union (AU) as a peacekeeping force on the continent negates the need for mercenaries. The AU’s has become increasingly involved in peacekeeping since 200316. They are more willing to involve themselves in African affairs than the West, and have deployed the lion’s share of soldiers in peacekeeping operations as in the Central African Republic17.

Secondly, the UN has condemned mercenary use in general and it would seem hypocritical to begin hiring them. The UN’s weaker states have been reluctant to agree to UN mercenaries for fear they could be used against them18. The UN has actively criticised humanitarian mercenaries in the past for their lack of appreciation of conflict dynamics19, making them unlikely to employ dogs of war.

16) Pan,E. ‘African Peacekeeping Operations’ December 2005

17) Felix,B. ‘Militia attack Muslim neighbourhoods in Central African Republic’s Capital’ 2013

18) Avant,D. ‘Mercenaries’ pg.26

19) Chrisafis,A. ‘UN and aid groups criticise “Humanitarian Mercenaries’ 2007"

Hired hackers don’t count as real mercenaries. While it is true that they are not a citizen of either state’s military structure and that they seek to gain profit from their venture, they do not qualify under the UN mercenary convention. To be a mercenary, one must qualify under all the conditions listed in the convention. Cyber mercenaries are not directly involved in acts of violence, which disqualifies them under Article 1, sub-section 2.A of the UN mercenary convention30. Definitions will have to be updated in the future if cyber-mercenaries are going to be considered anything other than criminals.

30) United Nations ‘United Nations Mercenary Convention’ 1989
