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4.5 ARMED FORCES OF A STATEMembers of the armed forces of a State, including members of all groups that are part ofthe armed forces of a State, but excluding certain medical and religious personnel, 91 receivecombatant status (i.e., its rights, duties, and liabilities) by virtue of that membership. 92 Thissection addresses various classes of persons within the armed forces of a State.4.5.1 Components of Armed Forces. The armed forces of a State may include a varietyof components, such as militia or volunteer corps that form part of those armed forces. 93The U.S. armed forces include members of the active duty military, the reserve forces,and the National Guard. U.S. armed forces also include the Coast Guard, which normallyoperates under the Department of Homeland Security. 94The U.S. armed forces may also include the Commissioned Corps of the U.S. PublicHealth Service, which normally operates under the Department of Health and Human Services. 95Similarly, members of the Commissioned Corps of the National Oceanic and AtmosphericAdministration, which normally operates under the Department of Commerce, may also becomepart of the U.S. armed forces. 96 Members of these and other organizations assigned to, andserving with, the U.S. armed forces may be subject to the Uniform Code of Military Justice. 9791 Refer to § 4.9 (Military Medical and Religious Personnel).92 See GPW art. 4A(1) (defining “prisoners of war, in the sense of the present Convention,” to include “(1)[m]embers of the armed forces of a Party to the conflict” who have fallen into the power of the enemy); HAGUE IVREG. art. 1 (“The laws, rights, and duties of war apply … to armies”); LIEBER CODE art. 57 (“So soon as a man isarmed by a sovereign government and takes the soldier’s oath of fidelity, he is a belligerent;”). Cf. sources cited infootnote 150 in § 4.6.1.3 (Application of GPW 4A(2) Conditions to the Armed Forces of a State).93 See GPW art. 4A(1) (defining “prisoners of war, in the sense of the present Convention,” to include “members ofmilitias or volunteer corps forming part of such armed forces” who have fallen into the power of the enemy); HAGUEIV REG. art. 1 (“In countries where militia or volunteer corps constitute the army, or form part of it, they areincluded under the denomination ‘army.’”).94 See 10 U.S.C. § 101(a)(4) (explaining that, for the purposes of U.S. domestic law, “the term ‘armed forces’ meansthe Army, Navy, Air Force, Marine Corps, and Coast Guard.”); 14 U.S.C. § 1 (“The Coast Guard as establishedJanuary 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times. TheCoast Guard shall be a service in the Department of Homeland Security, except when operating as a service in theNavy.”).95 42 U.S.C. § 217 (“In time of war, or of emergency involving the national defense proclaimed by the President, hemay by Executive order declare the commissioned corps of the [Public Health] Service to be a military service.”).96 33 U.S.C. § 3061 (“The President may, whenever in the judgment of the President a sufficient national emergencyexists, transfer to the service and jurisdiction of a military department such vessels, equipment, stations, and officersof the Administration as the President considers to be in the best interest of the country. … An officer of theAdministration transferred under this section, shall, while under the jurisdiction of a military department, haveproper military status and shall be subject to the laws, regulations, and orders for the government of the Army,Navy, or Air Force, as the case may be, insofar as the same may be applicable to persons whose retentionpermanently in the military service of the United States is not contemplated by law.”).97 10 U.S.C. § 802(a)(8) (“Members of the National Oceanic and Atmospheric Administration, Public HealthService, and other organizations, when assigned to and serving with the armed forces,” are subject to the UniformCode of Military Justice).112

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