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4.15.4 Persons Authorized to Accompany the Armed Forces – Liability Under DomesticLaw for Participation in Hostilities. Unlike combatants, persons authorized to accompany thearmed forces receive no general license to participate in hostilities. However, international lawcontemplates that persons authorized to accompany the armed forces may lawfully supportarmed forces in the conduct of hostilities. Such persons should not be liable under an enemyState’s domestic law for providing authorized support services. 317 For example, they should notbe prosecuted for offenses of aiding the enemy. Persons authorized to accompany the armedforces may not be punished by an enemy State for authorized support activities or for defendingthemselves against unlawful attacks. This protection would not apply with respect to acts bypersons authorized to accompany the armed forces that are prohibited by the law of war.Persons authorized to accompany the armed forces should not engage in unauthorizedparticipation in hostilities. Such activity would be treated like engagement in private acts ofhostility, 318 and such persons would be in the position of unprivileged belligerents in relation tothose activities. 319There may be additional considerations in determining which prosecution forum isappropriate because persons authorized to accompany the armed forces are not themselvesmembers of the armed forces. 320Commanders who use persons authorized to accompany the armed forces could, undercertain circumstances, be prosecuted for war crimes committed by such personnel under theoriesof command responsibility or other theories of individual liability. 3214.16 CREWS OF MERCHANT MARINE VESSELS OR CIVIL AIRCRAFTCrews of merchant marine vessels or civil aircraft of a belligerent fall into a specialcategory, and are in many respects treated like persons authorized to accompany the armed317 See BOTHE, PARTSCH, & SOLF, NEW RULES 304 (AP I art. 51, 2.4.2.2) (“As civilians, they have no general rightto take part in hostilities, but some activities of these persons could amount to direct participation if done in themidst of an ongoing engagement. For example, it is common practice to have civilian technical advisers assist andadvise in the installation and maintenance of sophisticated command and control or target acquisition equipment.Repair of a target acquisition or missile guidance equipment in the midst of battle would probably be regarded asdirect participation in hostilities. As in the case of a sick bay on a warship, the immunity from attack is academic,except with respect to individualized attack against the protected person within a military objective. The issuebecomes practically significant only if an attempt is made to subject such a civilian to penal sanction for hisunauthorized participation in hostilities. Under US practice support activities behind the lines of battle is not subjectto penal sanction, although the support activity may be the legitimate object of attack.”).318 Refer to § 4.18 (Private Persons Who Engage in Hostilities).319 Refer to § 4.19 (Rights, Duties, and Liabilities of Unprivileged Belligerents).320 Refer to § 18.19.4.1 (Limits on Military Jurisdiction Over U.S. Citizens Who Are Not Members of the ArmedForces).321 Refer to § 18.23.3 (Command Responsibility); § 18.23 (Theories of Individual Criminal Liability).148