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However, AP I defines “mercenary” very narrowly. 454 For example, any member of the armedforces of a party to the conflict, or any member of the armed forces of any other State, who issent on official duty as a member of its armed forces, is not a mercenary as defined by AP I. 455In addition, although, under AP I, mercenaries lack the right to be a combatant or a POW, Partiesto AP I may nonetheless decide as a matter of policy to treat enemy mercenaries as lawfulcombatants or POWs.Shortly after the adoption of AP I, the Convention for the Elimination of Mercenarism inAfrica was adopted, which uses the same definition of mercenary as AP I, 456 but creates greaterobligations for Parties to punish and repress mercenarism. 457 The United States is not a Party tothis treaty.The International Convention against the Recruitment, Use, Financing and Training ofMercenaries of December 4, 1989, defines “mercenary” slightly more broadly than AP I, appliesto both international and non-international armed conflicts, and defines various offenses relatedwhich took place in Sub-saharan Africa since 1960 was a high priority goal of African delegations, which wassupported by other Third World delegations and by the Eastern European group.”).454 See AP I art. 47(2) (“A mercenary is any person who: (a) Is specially recruited locally or abroad in order to fightin an armed conflict; (b) Does, in fact, take a direct part in the hostilities; (c) Is motivated to take part in thehostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict,material compensation substantially in excess of that promised or paid to combatants of similar ranks and functionsin the armed forces of that Party; (d) Is neither a national of a Party to the conflict nor a resident of territorycontrolled by a Party to the conflict; (e) Is not a member of the armed forces of a Party to the conflict; and (f) Hasnot been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.”).455 Edward R. Cummings, Attorney-Adviser, Department of State, International Legal Rights of CapturedMercenaries, Oct. 17, 1980, III CUMULATIVE DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW 1981-1988 3457, 3461 (“This narrow definition of mercenaries in effect denies prisoner-of-war status to individuals whofight strictly for private gain. It does not affect any individual who is a member of the state’s regular forces andother legitimate combatants.”).456 See Organisation of African Unity Convention for the Elimination of Mercenarism in Africa, art. 1(1), Jul. 3,1977, 1490 UNTS 89, 96 (“A mercenary is any person who: a) Is specially recruited locally or abroad in order tofight in an armed conflict; b) Does in fact take a direct part in the hostilities; c) Is motivated to take part in thehostilities essentially by the desire for private gain and in fact is promised by or on behalf of a party to the conflictmaterial compensation; d) Is neither a national of a party to the conflict nor a resident of territory controlled by aparty to the conflict; e) Is not a member of the armed forces of a party to the conflict; and f) Is not sent by a Stateother than a party to the conflict on official mission as a member of the armed forces of the said State.”).457 See Organisation of African Unity Convention for the Elimination of Mercenarism in Africa, art. 6, Jul. 3, 1977,1490 UNTS 89, 97-98 (“The contracting parties shall take all necessary measures to eradicate all mercenaryactivities in Africa. To this end, each contracting State shall undertake to: a) Prevent its nationals or foreigners onits territory from engaging in any of the acts mentioned in Article 1 of this Convention; b) Prevent entry into orpassage through its territory of any mercenary or any equipment destined for mercenary use; c) Prohibit on itsterritory any activities by persons or organisations who use mercenaries against any African State member of theOrganization of African Unity or the people of Africa in their struggle for liberation; d) Communicate to the otherMember States of the Organization of African Unity either directly or through the Secretariat of the OAU anyinformation related to the activities of mercenaries as soon as it comes to its knowledge; e) Forbid on its territory therecruitment, training, financing and equipment of mercenaries and any other form of activities likely to promotemercenarism; f) Take all the necessary legislative and other measures to ensure the immediate entry into force of thisConvention.”).171