United Nations A/hrc/19/68

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J. Mercenaries10

91. The Commission established that an organised group of Sudanese fighters were brought in by the Qadhafi government specifically to fight the thuwar. The Commission has not found that these fighters were promised or paid material compensation substantially in excess of that promised or paid to local Qadhafi forces, a requirement for these individuals or groups to fall within the definition of a “mercenary” under the United Nations Convention against Mercenaries or under Organization of African Unity (OAU) Convention on Mercenarism. The Commission also determined that there were fighters within the Qadhafi forces who, though of foreign descent, were born in Libya or resident there. They would also fall outside the definition of mercenaries.

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