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Old 07-28-2021, 11:13 AM
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Quote:
Originally Posted by rcaf_777 View Post
ok but

mercenary: noun, a soldier who is paid by a foreign country to fight in its army: a soldier who will fight for any group or country that hires him

and I have meet Gurkhas soldiers and broke bread with them in Afghanistan in 2003.

There are Gurkha military units in the Nepalese, British and Indian armies and The Gurkha Contingent (GC) of the Singapore Police Force in addition to The Gurkha Reserve Unit (GRU) which is a special guard and elite shock-troop force in the Sultanate of Brunei.

it should also be noted that according to the International Law and the Control of Mercenaries and Private Military Companies by Christopher Kinsey, (26 June 2008) The Gurkhas meet many of the criteria found in Article 47 of Protocol I of the Geneva Conventions regarding mercenaries.


"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."

So draw your own conclusions
Gurkhas are members of the armed forces of the United Kingdom (point e) and when deployed on active service ARE sent by a State which IS a party to the conflict (point f, assuming we're discussing operations where the British Army are / were deployed, e.g. Afghanistan, Falkland Islands, etc). They are NOT specially recruited locally or abroad specifically to fight in any conflict (point a) - some of them never leave garrison in the UK). And they get paid at standard British Army rates (point c) (sure, when on active service they'll get paid additional allowances, i.e. combat pay, but so will their British born counterparts).

Point b applies to every combatant in theatre, so is utterly pointless. Or rather, if you're going to try and use point b to make your point then you're going to have to call every single armed combatant in theatre a mercenary.

When it comes to the Indian Army I can't speak for point c, but comments about the lack of validity of points a, e, and f still apply.

I am drawing my own conclusions. Gurkhas are NOT mercenaries.
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