Practice Relating to Rule 108. Mercenaries
Section B. Status of mercenaries
Nigeria’s Operational Code of Conduct (1967) states: “Foreign nationals on legitimate business will not be molested, but mercenaries will not be spared: they are the worst of enemies.”
Nigeria’s Military Manual (1994) states that “mercenaries are however not to be considered as prisoner[s] of war.”
At the CDDH, Nigeria stated:
While recognizing the fundamental guarantees provided for in the new Article 65 of draft [Additional] Protocol I [now Article 75] and not denying the common humanity which mercenaries shared with the rest of mankind, [Nigeria] did not think that such considerations could serve as a pretext for giving mercenaries the rights of combatants or prisoners of war in any situation of armed conflict.