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ule applicable when a civilian forfeits his or her protection from being made the object ofattack. 3714.18.2 Private Persons Who Engage in Hostilities – Denial of the Distinct ProtectionsAfforded Peaceful Civilians. Private persons who engage in hostilities forfeit many of theprotections afforded civilians under the law of war. 372 The principle of military necessity canjustify taking military action (such as detention) to address the threat posed by such persons. 373The forfeiture of many of the protections of civilian status is also reflected in the principle that aperson may not claim the distinct rights of both combatants and civilians at the same time. 3744.18.3 Private Persons Who Engage in Hostilities – Lack of the Privileges of CombatantStatus. Private persons who engage in hostilities are not entitled to the privileges of combatantstatus and may be punished, after a fair trial. 375 The law of war does not condone the “farmer byday and guerilla by night.” 376371 Refer to § 5.9 (Civilians Taking a Direct Part in Hostilities).372 See Joint Chiefs of Staff, Joint Pub. 3-60, Joint Doctrine for Targeting, A-2 (Jan. 17, 2002) (“The protectionoffered civilians carries a strict obligation on the part of civilians not to participate directly in armed combat,become combatants, or engage in acts of war. Civilians engaging in fighting or otherwise participating in combatoperations, singularly or as a group, become unlawful combatants and lose their protected civilian status.”); 1992GERMAN MANUAL 517 (“Persons taking a direct part in hostilities are not entitled to claim the rights accorded tocivilians by international humanitarian law (Art. 51 para 3 AP I; Art. 13 para 3 AP II). The same applies if they arethey are definitely suspected of activities hostile to the security of the State (Art. 5 para 1 GC IV).”); 1956 FM 27-10(Change No. 1 1976) 60 (“Persons who are not members of the armed forces, as defined in Article 4, GPW, whobear arms or engage in other conduct hostile to the enemy thereby deprive themselves of many of the privilegesattaching to the members of the civilian population (see sec. II of this chapter).”).373 Refer to § 2.2.1 (Military Necessity as a Justification).374 Refer to § 4.2.2 (No Person May Claim the Distinct Rights Afforded to Both Combatants and Civilians at theSame Time).375 See 1958 UK MANUAL 88 (If civilian inhabitants “commit or attempt to commit hostile acts, they are liable topunishment, after a proper trial.”); LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW 206 (§57) (“According to agenerally recognised customary rule of International Law, hostile acts on the part of private individuals, notorganised as compact movements operating under responsible authority, are not acts of legitimate wafare, and theoffenders may be punished in accordance with International Law.”); United States v. List, et al., XI TRIALS OF WARCRIMINALS BEFORE THE NMT 1246 (“[T]he rule is established that a civilian who aids, abets, or participates in thefighting is liable to punishment as a war criminal under the laws of war.”); LIEBER CODE art. 82 (“Men, or squads ofmen, who commit hostilities, whether by fighting, or inroads for destruction or plunder, or by raids of any kind,without commission, without being part and portion of the organized hostile army, and without sharing continuouslyin the war, but who do so with intermitting returns to their homes and avocations, or with the occasional assumptionof the semblance of peaceful pursuits, divesting themselves of the character or appearance of soldiers -- such men,or squads of men, are not public enemies, and, therefore, if captured, are not entitled to the privileges of prisoners ofwar”).376 BOTHE, PARTSCH, & SOLF, NEW RULES 252 (AP I art. 44, 2.7.1) (“[T]he pre-existing rule [i.e., prior to AP I]precluded combatant status and PW status for the persons who engaged in civilian pursuits during the day but foughtas a guerilla by night.”); SENATE EXECUTIVE REPORT 84-9, Geneva Conventions for the Protection of War Victims:Report of the Committee on Foreign Relations on Executives D, E, F, and G, 82nd Congress, First Session, 5 (Jun.27, 1955) (“In sum, extension of protection to “partisans” [in the GPW] does not embrace that type of partisan whoperforms the role of farmer by day, guerilla by night. Such individuals remain subject to trial and punishment asunlawful belligerents.”); THEODORE WOOLSEY, INTRODUCTION TO THE STUDY OF INTERNATIONAL LAW 216 (§134)(1897) (explaining that “[g]uerilla parties [i.e., armed groups not called out by public authority], however, do not158