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jurisdiction with respect to the actions of such State armed forces in a non-international armedconflict. 7717.4.1.2 Range of Activities Subject to Prosecution. A State may also use itsdomestic law to make punishable a wide range of activity that extend beyond the activities thatconstitute actual fighting against the State. For example, joining the non-State armed group,providing material support to the armed group, failing to report the treasonous activities of thearmed group, and other conduct may be punishable under a State’s domestic law. 7817.4.1.3 Other Sovereign Authorities. In addition to the power to criminalizecertain conduct, a State may use its law and other regulatory powers in its effort to address thethreat of non-State armed groups.For example, the State could use its authority to tax, regulate, seize, or destroy property(e.g., weapons, vehicles, food, and medical equipment) within its jurisdiction as part of its effortagainst the non-State armed group. 79 The use of these sovereign powers would be subject todomestic law restrictions, and might not depend on whether such action would be imperativelyrequired by the necessities of war – the standard for the seizure of destruction of enemy propertyduring international armed conflict. 80 In any event, however, it would not be permissible for theState to seek to starve civilians as a method of combat. 8177 For example, Daniel Webster, Letter to Mr. Fox, Apr. 24, 1841, reprinted in THE DIPLOMATIC AND OFFICIALPAPERS OF DANIEL WEBSTER, WHILE SECRETARY OF STATE 124 (1848) (“This doubt has occasioned the Presidentsome hesitation; but he inclines to take it for granted that the main purpose of the instruction was, to cause it to besignified to the government of the United States that the attack upon the steamboat ‘Caroline’ was an act of publicforce, done by the British colonial authorities [intended to address insurgents], and fully recognized by the queen’sgovernment at home; and that, consequently, no individual concerned in that transaction can, according to the justprinciples of the laws of nations, be held personally answerable in the ordinary courts of law as for a private offense;and that upon this avowal of her majesty’s government, Alexander McLeod, now imprisoned on an indictment formurder alleged to have committed in that attack, ought to be released by such proceedings as are usual and aresuitable to the case.”).78 For example, 18 U.S.C. § 2339B(a)(1) (“Whoever knowingly provides material support or resources to a foreignterrorist organization, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 15years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life. Toviolate this paragraph, a person must have knowledge that the organization is a designated terrorist organization (asdefined in subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in section212(a)(3)(B) of the Immigration and Nationality Act), or that the organization has engaged or engages in terrorism(as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).”); 18U.S.C. § 2382 (“Whoever, owing allegiance to the United States and having knowledge of the commission of anytreason against them, conceals and does not, as soon as may be, disclose and make known the same to the Presidentor to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty ofmisprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.”).79 For example, DEPARTMENT OF THE ARMY FIELD MANUAL 3-24.2, Tactics in Counterinsurgency, 3-170 (Apr.2009) (“Resource control measures include control of select resources to include foodstuffs, medical supplies, andkey equipment through: • Rationing or purchase permits • Registration of firearms. • Registration of automobilesand trucks. • Export and import restrictions.”).80 Refer to § 5.17.2 (Enemy Property – Military Necessity Standard).81 Refer to § 17.9.2 (Prohibition on Starvation of Civilians as a Method of Combat).1026

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