Civilians at the Tip of the Spear: Civilian Issues Commanders Encounter During Deployments

摘要

Commanders increasingly deploy with and rely upon civilian employees and contractors during deployed military operations. This article defines both categories of civilians and examines their employment under international and United States law, joint doctrine, and Department of Defense and Service regulations. The article discusses two major issues and several sub-issues involved in the utilization of civilian services in support of deployed operations. A legal perspective is brought to bear in analyzing the authorized physical and functional proximity to hostilities (termed 'nexus to combat') in which a civilian may operate without becoming an unlawful combatant. The tow requirements to be a combatant are discussed and analyzed against several issues; civilian nexus to combat, command and control of civilians, arming and wear of uniforms. The article reveals that Department of Defense use of civilians in direct support of combat operations, arming civilians and mandating wear of uniforms is placing civilians dangerously close to becoming unlawful combatants. The results of becoming an unlawful combatant are discussed, including potential war crimes accountability. The status of civilian employees and contractors if captured by a belligerent force is addressed since these civilians have moved ever closer to the combat environment. Their status changes if they are unlawful combatants, a point emphasized in the article.