Contractors on the Battlefield: Distinction Makes a Difference
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
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This paper is a comprehensive effort to analyze how the law of war affects United States policy related to civilian support to military operations. The thesis contends that the United States should change its current policy regarding the status of civilians accompanying the force to comport better with the nature of modern operations and the mandates of the law of war. In support of the thesis, the author analyzes the law of war as it relates to the status of civilians, ultimately arguing for the extension of international law into non-conflict Military Operations Other Than War. The author contends that the United States should use the standard set forth in the 1977 Additional Protocol I to the Geneva Conventions of 1949, as the basis for a new policy regarding civilian status. Finally, the author establishes a conduct-based test for the determination of civilian status and proposes specific revisions to the current U.S. Department of Defense policy regarding the status of civilian augmentees accompanying U.S. military forces into active theaters of operations.
- Administration and Management
- Military Operations, Strategy and Tactics