is specially recruited locally or abroad in order to fight in an armed conflict;

does, in fact, take a direct part in the hostilities;

is motivated to take part in the hostilities 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 functions in the armed forces of that Party;

is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;

is not a member of the armed forces of a Party to the conflict; and

has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.