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population because these persons are authorized – and in some cases, are ordered – toaccompany military forces into a theater of operations to support the force. 291DoD policies have often addressed the use of non-military personnel to support militaryoperations. 292Persons authorized to accompany the armed forces may not be made the object of attackunless they take direct part in hostilities. They may, however, be detained by enemy militaryforces, and are entitled to POW status if they fall into the power of the enemy duringinternational armed conflict. They have legal immunity from the enemy’s domestic law forproviding authorized support services to the armed forces.4.15.1 Persons Authorized to Accompany the Armed Forces – Notes on Terminology. Inthe past, the category of persons who “accompany” or “follow” the armed forces has referred tojournalists, private clergy, and sutlers, 293 who traditionally were subject to the jurisdiction of thearmy that they accompanied. 294 These persons, to the extent that they were simply following thearmed forces for their own purposes and not to provide support to military operations, were291 Christian Damson (United States) v. Germany, 7 REPORTS OF THE INTERNATIONAL ARBITRAL AWARDS 184, 198(1925) (concluding that a non-military employee of the U.S. Government whose activities were “directly infurtherance of a military operation” was not a “civilian” for the purposes of the Treaty of Berlin and thus was notentitled to assert a claim under the provisions of the Treaty of Berlin that provided for Germany to compensate fordamages to the civilian population that it caused during World War I); Arthur Ellt Hungerford (United States) v.Germany, 7 REPORTS OF THE INTERNATIONAL ARBITRAL AWARDS 368, 371 (1926) (“From the foregoing it isapparent that the members of the Y.M.C.A. who served on the western front were, in the language of theCommander-in-Chief of the A.E.F., ‘militarized and *** under the control and supervision of the American militaryauthorities’. Or, to use the language of their own spokesman, they were ‘a part of the military machine’. Theyrendered military service of a high order. The mere fact that they were not formally inducted into the Army or werenot in the pay of the Government of the United States is immaterial so far as concerns the question here presented.They had voluntarily segregated themselves from ‘the civilian population’ as that term is used in the Treaty ofBerlin. They had deliberately exposed themselves and their personal belongings to the risks of war which began atthe port of embarkation. The provisions of the Treaty of Berlin obligating Germany to make compensation fordamages to ‘civilians’ or to ‘civilian victims’ or to the ‘civilian population’ were manifestly intended to apply to thepassive victims of warfare, not to those who entered the war zone, subjected themselves to risks to which membersof the civilian population generally were immune, and participated in military activities, whether as combatants ornoncombatants.”).292 For example, DOD INSTRUCTION 3020.41, Operational Contract Support (OCS) (Dec. 20, 2011); DODINSTRUCTION 1100.22, Policies and Procedures for Determining Workforce Mix (Apr. 12, 2010); DOD DIRECTIVE1404.10, DoD Civilian Expeditionary Workforce (Jan. 23, 2009); DOD INSTRUCTION 1400.32, DoD Civilian WorkForce Contingency and Emergency Planning Guidelines and Procedures (Apr. 24, 1995); DOD DIRECTIVE 1404.10,Emergency-Essential DoD U.S. Civilian Employees (Apr. 10, 1992); DOD INSTRUCTION 3020.37, Continuation ofEssential DoD Contractor Services During Crises (Nov. 6, 1990 Incorporating Change 1, Jan. 26, 1996).293 “Sutler” is an old term for a civilian provisioner to the army, whether in garrison or in the field.294 For example, Articles of War, art. 2(d), Jun. 4, 1920, 41 STAT. 759, 787 (“All retainers to the camp and allpersons accompanying or servicing with the armies of the United States without the territorial jurisdiction of theUnited States, and in time of war all such retainers and persons accompanying or serving with the armies of theUnited States in the field, both within and without the territorial jurisdiction of the United States, though nototherwise subject to these articles”); American Articles of War of 1775, art. 32, Jun. 30, 1775, reprinted inWINTHROP, MILITARY LAW & PRECEDENTS 953 (“All suttlers and retailers to a camp, and all persons whatsoever,serving with the continental army in the field, though not in-listed soldiers, are to be subject to the articles, rules, andregulations of the continental army.”).143

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