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subject to detention, not as POWs, but like civilians, only if specifically necessary. 295 On theother hand, non-military persons who were serving the armed forces, such as civilian employeesof the war department, were detained as POWs. 296Article 4A(4) of the GPW reflects the modern practice and rule. 297 Persons authorized toaccompany the armed forces under Article 4A(4) include employees of the Department ofDefense, employees of other government agencies sent to support the armed forces, and otherauthorized persons working on government contracts to support the armed forces. DoD practicehas been to permit a broad range of civilians to be authorized to accompany U.S. forces. 298Persons authorized to accompany the armed forces are often referred to, and treated as,“civilians,” since they are not members of the armed forces. However, as discussed below,persons authorized to accompany the armed forces are also treated like “combatants” in somerespects.4.15.2 Persons Authorized to Accompany the Armed Forces – Conduct of Hostilities.The rules relating to the conduct of hostilities for persons authorized to accompany the armedforces are similar in some respects to the rules relating to military medical and religiouspersonnel. For example, persons in both classes: (1) generally may not be made the object of295 WINTHROP, MILITARY LAW & PRECEDENTS 789 (“Camp-followers, including members of soldiers’ families,sutlers, contractors, newspaper correspondents, and others allowed with the army but not in the public employment,should, when taken, be treated similarly as prisoners of war, but should be held only so long as may be necessary.”)(emphasis added).296 See, e.g., SPAIGHT, WAR RIGHTS ON LAND 304 (“[W]hat persons may be made prisoner of war” includes“persons not commissioned or enlisted, but employed permanently by an army as pay-clerks, telegraph-operators,engine drivers, or, generally, in any civilian capacity with an army in the field.”); WINTHROP, MILITARY LAW &PRECEDENTS 789 (“The class of persons entitled upon capture to the privileges of prisoners of war comprisesmembers of the enemy’s armies, embracing both combatants and non-combatants, and the wounded and sick takenon the field and in hospital. It should comprise also civil persons engaged in military duty or in immediateconnection with an army, such as clerks, telegraphists, aeronauts, teamsters, laborers, messengers, guides, scouts,and men employed on transports and military railways—the class indeed of civilians in the employment and serviceof the government such as are specified in our 63d Article of War as ‘Persons serving with the armies in thefield.’”).297 See GPW COMMENTARY 64 (“The Conference of Government Experts considered that the text of Article 81 ofthe 1929 Convention had become obsolete (in particular the word ‘sutlers’ is no longer appropriate) and shouldinclude a reference to certain other classes of persons who were more or less part of the armed forces and whoseposition when captured had given rise to difficulties during the Second World War. The list given is only by way ofindication, however, and the text could therefore cover other categories of persons or services who might be calledupon, in similar conditions, to follow the armed forces during any future conflict.”).298 For example, FINAL REPORT ON THE PERSIAN GULF WAR 599 (“In Operations Desert Shield and Desert Storm,the United States employed civilians both as career civil service employees and indirectly as contractor employees.Civilians performed as part of the transportation system, at the forward depot level repair and intermediate levelmaintenance activities and as weapon systems technical representatives. Civilians worked aboard Navy ships, at AirForce (USAF) bases, and with virtually every Army unit. Only the Marine Corps (USMC) did not employsignificant numbers of civilians in theater. This civilian expertise was invaluable and contributed directly to thesuccess achieved.”).144

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