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international armed conflict. 202 Such groups might lack a formal distinction between thosemembers and non-members who nonetheless participate in the hostile activities of the group. 203An individual who is integrated into the group such that the group’s hostile intent may beimputed to him or her may be deemed to be functionally (i.e., constructively) part of the group,even if not formally a member of the group. The integration of the person into the non-Statearmed group and the inference that the individual shares the group’s intention to commit hostileacts distinguish such an individual from persons who are merely sympathetic to the group’sgoals. 204 The following may indicate that a person is functionally a member of a non-State armedgroup:• following directions issued by the group or its leaders; 205• taking a direct part in hostilities on behalf of the group on a sufficiently frequent orintensive basis; 206 or• performing tasks on behalf of the group similar to those provided in a combat, combatsupport, or combat service support role in the armed forces of a State.5.8.3.3 Dissociation or Renunciation. A person may not be made the object ofattack based on his or her association with a non-State armed group if that association has clearlybeen severed. Relevant factors in determining when an individual has unambiguously ceased tobe a member of a non-State armed group may include:• whether the individual has formally ceased to be a member of the group, such as by filingrelevant paperwork or by otherwise formally renouncing any allegiance to the group;• whether there are concrete and verifiable facts or persuasive indicia that he or she hasaffirmatively returned to peaceful pursuits, such as by participating in a reconciliationprogram and swearing an oath of loyalty to the government; and• the amount of time that has passed since the person participated in the activities of thegroup in question, if coupled with other indicia of dissociation or renunciation. 207202 Refer to § 4.6.3 (Being Commanded by a Person Responsible for His or Her Subordinates).203 Compare § 4.7 (Levée en Masse).204 Compare § 5.9.3.2 (Examples of Acts Not Considered Taking a Direct in Hostilities).205 Cf. Uthman v. Obama, 637 F.3d 400, 403 (D.C. Cir. 2011) (“[D]emonstrating that someone is part of al Qaeda’scommand structure is sufficient to show that person is part of al Qaeda.”); Al-Adahi v. Obama, 613 F.3d 1102, 1109(D.C. Cir. 2010) (“When the government shows that an individual received and executed orders from al-Qaidamembers in a training camp, that evidence is sufficient (but not necessary) to prove that the individual has affiliatedhimself with al-Qaida.”); Salahi v. Obama, 625 F.3d 745, 752 (D.C. Cir. 2010) (“Evidence that an individualoperated within al-Qaida’s command structure is ‘sufficient but is not necessary to show he is ‘part of’ theorganization.’” (quoting Bensayah v. Obama, 610 F.3d 718, 725 (D.C. Cir. 2010))).206 Refer to § 5.9.3 (“Taking a Direct Part in in Hostilities”).220

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