Mexico
Practice Relating to Rule 108. Mercenaries
Mexico’s Army and Air Force Manual (2009), in a section on the 1977 Additional Protocol I, states that “mercenaries, on the other hand, are not entitled to prisoner-of-war status.”
In the same section, the manual also states: “Mercenaries do not have the right to combatant or prisoner-of-war status, which means that States can prosecute or expel them. However, mercenaries do have the right to the fundamental guarantees.”
At the CDDH, Mexico stated: “The guarantees contained in Article 65 [now Article 75 of the 1977 Additional Protocol I] are implicitly applicable to the persons dealt with in Article 42
quater [now Article 47].”