Еволутивни развој и међународноправна регулатива плаћеништва

Mercenary, as a social phenomenon, is a constant companion of the historical development of humanity. There have always been, and still are, individuals, independently or organized in groups, who will offer their services of skills and knowledge of warfare on the world market. On the other hand, in...

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Veröffentlicht in:Zbornik radova Filozofskog fakulteta (1990) 2024, Vol.54 (1), p.213-231
Hauptverfasser: Spalević, Žaklina, Palević, Milan
Format: Artikel
Sprache:srp
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Zusammenfassung:Mercenary, as a social phenomenon, is a constant companion of the historical development of humanity. There have always been, and still are, individuals, independently or organized in groups, who will offer their services of skills and knowledge of warfare on the world market. On the other hand, in the long series of centuries of human existence, almost everyone who had a sufficient amount of money and had a clearly expressed interest in and goal for such a thing hired individuals skilled in warrior skills and other knowledge and abilities that could be used on the battlefield for the realization of various economic, political, geo-economic, and geo-political goals of their employers.The use of private violence was brought under state control after the Peace of Westphalia in 1648, where regular military service is the key guarantor of the cumulative survival of the relevant elements of statehood, i.e. the exercise of sovereign powers. However, this did not abolish the practice of mercenary work, but changed it somewhat and adapted it to the new social circumstances. Through the process of social evolution, mercenary military units are transformed into efficient, highly profitable and modern corporate structures which employ diverse, highly qualified personnel, manage them, and provide a wide range of military and security services to various and numerous state and non-state entities – clients.For modern times, in this sense, the appearance and actions of mercenaries during the decolonization process—conventional mercenary formations, on the one hand, and private military companies as a sort of contemporary quasi-mercenary phenomenon which do not themselves fit into the glossary, on the other—are indicative of the so-called legal qualification of classic mercenaries as they are recognized and explained by the key international documents in the field. The very emergence of private military companies led to a fundamental disruption in the perception of the term mercenary. It is no longer contained by, nor capable of being a strictly individual phenomenon. Also, over time, private individuals, multinational corporations, and even international organizations are becoming more and more prevalent among the interested parties seeking to hire mercenary services, in addition to the state and its agents.International documents pertinent to the mercenary issue are Supplementary Protocol I (from 1977) and two conventions specifically created for this issue—the UN Conve
ISSN:0354-3293
2217-8082