Practice Relating to Rule 108. Mercenaries
Section B. Status of mercenaries
Spain’s LOAC Manual (1996) included mercenaries in the section concerning persons not entitled to protection, stating:
They are neither considered civilians nor have the right to take a direct part in hostilities as combatants. The more important consequence is that to the extent that they take a direct part in hostilities, they shall not be entitled to prisoner-of-war status.
Spain’s LOAC Manual (2007) states that mercenaries “are not entitled to prisoner-of-war status if they are captured”.