- You are confusing individuals with social organisations. I have repeatedly pointed out that I am talking about the term "mercenary" as an abstract summary of what one can assume about an individual's motivation. And the difference between a conscript (forced) and a mercenary (for $$$) is vast in that respect.
- As I have already pointed out, one of the key distinctions is that between state owned mercenary forces and more private forces. I even grant you that they may often have distinct aims. But that is irrelevant for individuals' motives -- after all the individuals sign a contract that explicitly requires them to carry out violence on demand.
The difficulty here is that by psychologising the issues, by reducing them down to an individual's "personal" psychology and motives, all social and economic context is lost, is depoliticized. Certainly at some abstract, rarefied level all soldiers - even conscripted ones - are (and become) mercenaries [though I'm sure you're not going to argue that it is better (more moral perhaps ...) to be a conscripted soldier than a voluntary one, not forgetting that conscript armies
include all the soldiers who would have volunteered anyway in the absence of conscription?] but this completely ignores the actual circumstances - political, economic, institutional, etc - that lead most young people to enlist: most US/UK soldiers serving in Iraq and Afghanistan are from extremely impoverished backgrounds, many are poor immigrants, many are from ethnic minorities subject to systematic discrimination, many are from rigidly conservative social backgrounds, many - as teenagers - are subject to patriarchal family and peer pressures, many are bribed or seduced by intensive military recruitment propaganda (which is why a majority of soldiers now in Iraq want out, and it won't be long until we see the kind of desertions and mutinies that eventually occurred in Vietnam). Circumstancial necessity and imperatives led them to enlist, in stark contrast to the vast majority of mercenaries working for private military companies, who are under no such crippling pressures.
As to formal differences between regular state militaries (at least in most countries) and private mercenary companies:
Because armed forces constitute a potential threat to governments and citizens, they are subject to a range of controls in democratic countries. These controls are intended to ensure that the military does not undermine the political process, usurp the authority of government, abuse the rights of citizens, and exercise excessive force.
The controls include the following:
1. Executive control. The military and the use of military force are subject to strict executive control, flowing from the head of state to cabinet to the minister of defence to the chief of the armed forces.
Mercenaries are not subject to such control.
2. Parliamentary control. The executive itself is accountable and answerable to Parliament, which has powers of investigation, recommendation and oversight over the armed forces.
Mercenaries are not subject to such control.
3. Public control. Parliament in turn is accountable to the electorate. The electorate may vote to replace a government whose defence policy or armed forces lack popular support.
Mercenaries are not subject to such control.
4. Legal control. The functions of the armed forces are determined and regulated by domestic law, chiefly the Constitution, the Defence Act and the Military Disciplinary Code. These instruments describe the circumstances in which force may be used; the manner in which force may be used; and the sanctions which apply if soldiers are guilty of misconduct.
Mercenaries are not subject to such control.
5. International control. Armed forces are bound by international humanitarian law, chiefly the Geneva and Hague conventions and protocols. These treaties aim to curb the excesses of war, and to protect civilians in particular. Signatory states are expected to ensure that military personnel comply with international law, and to prosecute soldiers who violate its rules.
Mercenaries are not subject to such control.
6. Internal control. In a democracy the orientation and values of the armed forces provide a form of internal self-restraint. Soldiers respect the primacy of civilian rule, human rights, the rule of law and the principle of political non-partisanship. These values are inculcated and reinforced through education and training programmes; through the conduct and attitudes of officers; and through disciplinary action against personnel who are guilty of misconduct. 1
Mercenaries are not subject to such control.