4 December 1981

Report of the Ad Hoc Committee on the Drafting of an International Convention against the Recruitment, Use, Financing and Training of Mercenaries

The General Assembly,

Bearing in mind the need for strict observance of the principles of sovereign equality, political independence, territorial integrity of States and self-determination of peoples, as enshrined in the Charter of the United Nations and developed in the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations,

Recalling its resolutions, particularly resolutions 2395 (XXIII) of 29 November 1968, 2465 (XXIII) of 20 December 1968, 2548 (XXIV) of 11 December 1969, 2708 (XXV) of 14 December 1970, 3103 (XXVIII) of 12 December 1973 and its resolution 1514 (XV) of 14 December 1960, as well as Security Council resolutions 405 (1977) of 14 April 1977 and 419 (1977) of 24 November 1977, in which the United Nations denounced the practice of using mercenaries against developing countries and national liberation movements,

Recalling, in particular, its resolution 35/48 of 4 December 1980, by which it established an Ad Hoc Committee on the Drafting of an International Convention against the Recruitment, Use,

Financing and Training of Mercenaries, composed of thirty-five Member States, Having considered the report of the Ad Hoc Committee,

Recognizing that the activities of mercenaries are contrary to fundamental principles of international law, such as non-interference in the internal affairs of States, territorial integrity and independence, and seriously impede the process of self-determination of peoples struggling against colonialism, racism and apartheid and all forms of foreign domination,

Bearing in mind the pernicious impact that the activities of mercenaries have on international peace and security,

Considering that the progressive development and codification of the rules of international law on mercenaries would contribute immensely to the implementation of the purposes and principles of the Charter,

Taking account of the fact that the Ad Hoc Committee has not completed the mandate entrusted to it,

Reaffirming the need for the elaboration at the earliest possible date of an international convention against the recruitment, use, financing and training of mercenaries,

1. Takes note of the report of the Ad Hoc Committee on the Drafting of an International Convention against the Recruitment, Use, Financing and Training of Mercenaries;

2. Decides that the Ad Hoc Committee shall continue its work with the goal of drafting at the earliest possible date an international convention against the recruitment, use, financing and training of mercenaries;

3. Requests the Ad Hoc Committee, in the fulfilment of its mandate, to consider the suggestions and proposals of Member States, bearing in mind the views and comments submitted to the Secretary-General and those expressed at the thirty-sixth session of the General Assembly during the debate in the Sixth Committee devoted to the consideration of the report of the Ad Hoc

Committee;

4. Requests the Secretary-General to make available to the Ad Hoc Committee at its next session the texts of the conventions drafted by international and regional organizations on mercenaries, as well as any other relevant documentation;

5. Requests the Secretary-General to provide the Ad Hoc Committee with any assistance and facilities it may require for the performance of its work;

6. Requests the Ad Hoc Committee to submit its report to the General Assembly at its thirty-seventh session;

7. Decides to include in the provisional agenda of its thirty-seventh session the item entitled "Report of the Ad Hoc Committee on the Drafting of an International Convention against the Recruitment, Use, Financing and Training of Mercenaries".