DEPARTMENTOFDEFENSE LAW OFWARMANUAL JUNE2015

Signal
Cf.
Function and Examples of Use
Supports the proposition by analogy, i.e., discusses a different proposition that is sufficiently
similar to support the original proposition
A person must engage in acts of espionage in the zone of operations of a belligerent to be
considered a spy. “Zone of operations” has been construed broadly to include areas
supporting the war effort. 6
Refer to
6 Cf. Ex parte Quirin, 317 U.S. 1, 37 (1942) (“The law of war cannot rightly treat those
agents of enemy armies who enter our territory, armed with explosives intended for the
destruction of war industries and supplies, as any the less belligerent enemies than are
agents similarly entering for the purpose of destroying fortified places or our Armed
Forces.”).
Refers to another manual section that supports or elaborates on the proposition
Certain categories of persons are not members of the armed forces, but are nonetheless
authorized to support the armed forces in the fighting:
• persons authorized to accompany the armed forces, but who are not members
thereof; 7
7 Refer to § 4.15 (Persons Authorized to Accompany the Armed Forces).
Compare
Refers to another manual section that is analogous to the proposition
Persons authorized to accompany the armed forces who provide security against criminal
elements generally would not be viewed as taking a direct part in hostilities (and do not
forfeit their protection from being made the object of attack). 269
269 Compare § 4.23.1 (Police as Civilians).
Consider
Identifies a treaty that relates to the proposition but to which the United States is not a Party
(e.g., AP I)
Under international law, every treaty in force is binding upon the Parties to it and must
be performed by them in good faith. 10
For
example,
10 Consider VCLT art. 26 (“Every treaty in force is binding upon the parties to it and
must be performed by them in good faith.”).
Illustrates the proposition with an example drawn from historical practice
Adjusting the timing of an attack may reduce the risk of incidental harm. For example,
attacking a military objective when civilians are less likely to be present may be
appropriate. 11
11 For example, FINAL REPORT ON THE PERSIAN GULF WAR 100 (noting that during
Operation DESERT STORM “attacks on known dual (i.e., military and civilian) use
facilities normally were scheduled at night, because fewer people would be inside or on
the streets outside.”).
6