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Unformatted text preview: d the determination of what
protections apply in a given circumstance by introducing the control of territory as a factor. As with
Additional Protocol I, the United States is not a party to Additional Protocol II. All the above factors
notwithstanding, in any situation, the determination of status depends on the facts and circumstances of the
particular armed conflict and the persons at issue.
3-109. In most internal armed conflicts, the government in question is unlikely to recognize irregular
forces as meriting protected status. Typically, governments classify irregular forces as criminals subject to
domestic criminal law and given no protections under international law. The criminal designation gives the
government maximum flexibility in dealing with the members of the irregular forces without international
constraints. Classifying the irregular forces as mere criminals also diminishes the legitimacy of those forces
in the eyes of the civilian population and the international community. SF Soldiers should work diligently
to ensure that any irregular forces they interact with do not merit that type of classification. Whereas the
United States and other nations may recognize the irregular forces as having protections under international
law, the subject nation will usually seek to regard them as domestic criminals. USE OF ENEMY UNIFORMS
3-110. The Hague Conventions of 1907 prohibit the improper use of the enemy’s uniform, such as
wearing the enemy’s uniform while engaged in combat. It permits some use of the enemy’s uniform, but it
is difficult for personnel to discern the proper use. Although wearing the uniform while engaged in actual
combat is unlawful, U.S. forces may wear it to allow movement into and through the enemy’s territory.
U.S. policy states that Soldiers may use the enemy’s uniform for infiltration behind enemy lines. However,
Additional Protocol I to the Geneva Conventions prohibits this and other uses of the enemy’s uniform. An
enemy nation party to Additional Protoc...
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This document was uploaded on 01/15/2014.
- Winter '14