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egarded as taking a direct part in hostilities, and may be made the object of attack. 305 Theirresistance to capture by enemy military forces whom they expect to respect their status under thelaw of war would be incompatible with the principle that a person may not claim the distinctrights of both combatants and civilians at the same time. 306The arming of persons authorized to accompany the armed forces is analogous to thearming of military medical and religious personnel. 307 DoD practice has been to permitcommanders to authorize persons authorized to accompany the armed forces to carry defensiveweapons if necessary. 308A State may decide to arm persons authorized to accompany the armed forces forpersonal security and self-defense purposes without incorporating them into the armed forces orotherwise authorizing them to act as a combatant.4.15.2.5 Wearing of Uniform. The law of war does not prohibit personsauthorized to accompany the armed forces from wearing a uniform, including the uniform ofarmed forces that they accompany. Recent U.S. practice, however, has been to ensure thatpersons accompanying U.S. forces wear clothing that distinguishes them from members of thearmed forces in order to prevent confusion about their status. 309Persons who wear a military uniform accept the risk of being made the object of attack byenemy forces, as the enemy would reasonably believe them to be lawful objects of attack.However, the mere wearing of a uniform or being authorized by a State to wear a uniform doesnot necessarily authorize that person to act as a combatant.4.15.2.6 Provision of Security Services. Persons authorized to accompany thearmed forces who provide security against criminal elements generally would not be viewed as305 Refer to § 5.9.3.1 (Examples of Taking a Direct Part in Hostilities).306 Refer to § 4.2.2 (No Person May Claim the Distinct Rights Afforded to Both Combatants and Civilians at theSame Time).307 Refer to § 7.10.3.4 (Arming of Military Medical Units or Facilities).308 See DOD INSTRUCTION 1100.22, Policy and Procedures for Determining Workforce Mix, E-5 2.d.(5)(a) (Apr.12, 2010) (“It is not a violation of the law of war for DoD civilians and Defense contractor employees who areauthorized to accompany the armed forces in the field during hostilities to be issued a weapon on the authority of theCombatant Commander for individual self-defense as addressed in References (n), (o), and (t).”); DOD INSTRUCTION3020.41, Operational Contract Support (OCS), E-2 4.e (Dec. 20, 2011) (describing policy procedures for issuingweapons to contingency contractor personnel).309 DOD INSTRUCTION 3020.41, Operational Contract Support (OCS), E-2 3.j (Dec. 20, 2011) (“Defensecontractors or their personnel are responsible for providing their own personal clothing, including casual andworking clothing required by the assignment. Generally, commanders shall not issue military clothing to contractorpersonnel or allow the wearing of military or military look-alike uniforms. However, a CCDR [CombatantCommander] or subordinate JFC [Joint Force Commander] deployed forward may authorize contractor personnel towear standard uniform items for operational reasons. Contracts shall require that this authorization be in writing andmaintained in the possession of authorized contractor personnel at all times. When commanders issue any type ofstandard uniform item to contractor personnel, care must be taken to ensure, consistent with force protectionmeasures, that contractor personnel are distinguishable from military personnel through the use of distinctivepatches, arm bands, nametags, or headgear.”).146

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