Keywords

armed conflict, prisoners of war, civilians accompanying the force

Document Type

Chapter

Abstract

Throughout history, non-military personnel have routinely accompanied fighting forces on the battlefield for purposes of providing their goods or services to the forces. The 1863 Lieber Code codified many rules concerning the interaction of the armed forces, but it also addressed civilians accompanying such professional forces, including both those “who are attached to the army for its efficiency and promote directly the object of the war” and those “citizens who accompany an army for whatever purpose, such as sutlers, editors, or reporters of journals, or contractors.”
Because of their proximity to the fight, it was inevitable that some of these civilians would be captured by the enemy. Given their importance to the armed forces, these civilians were given protected status upon capture, which included “‘at least’ the same treatment as prisoners of war, provided they can prove that they are attached to an army.” In other words, while these civilians were not considered combatants, they were given the status and protections of prisoners of war. These protections were authorized by the armed forces under the assumption that the services were provided “in the vicinity of armies.”
With the evolution of modern technology and its impact on the conduct of warfare, many civilians who provide goods and services no longer need to be on the battlefield or “in the vicinity” of the armed forces they support. For example, logisticians, weapons maintainers, communications supporters, and cyber technicians can accomplish analogous tasks performed by civilians accompanying the armed forces, but can now do so from a distance. Indeed, this trend will only increase as technology continues to evolve. This chapter argues that while a “proximity” test continues to be applicable, there are cases where functionality, or a civilian’s importance to the armed forces, might also need to be considered. In other words, there are and will continue to be some civilians who “accompany” the armed forces based on their function only, rather than their proximity, and these civilians should also be afforded the treatment of civilians accompanying the armed forces upon capture.

Publisher

Oxford University Press

Publication Title

BYU Law Research Paper No. 21-24

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Link to SSRN


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