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Unformatted text preview: y not to attack a
military target by marking it as a hospital is an act of treachery. Under the Geneva Conventions, feigning
civilian noncombatant status to avoid targeting by enemy forces can qualify as an act of treachery. CONTRACTORS
3-113. It is possible for enemy nations to prosecute contractors with U.S. forces in contingency
operations for criminal acts. Commanders and contracting authorities should work closely with their legal
advisors to ensure that all contractors involved in UW operations fully comply with all applicable laws and
regulations. There are two primary authorities for holding contractors accountable under U.S. criminal law,
the Military Extraterritorial Jurisdiction Act (18 USC 3261) and Article 2, UCMJ. The Military
Extraterritorial Jurisdiction Act only applies outside of the continental United States and now covers other
agency contractors acting in support of DOD. A 2006 revision to Article 2, UCMJ, extends jurisdiction in a
time of war or contingency operation to persons serving with or accompanying an armed force in the field.
There is no geographic limitation to this jurisdiction. However, historically, “in the field” meant that the
individuals were acting against, in the presence of, or in action geared towards engaging the enemy. The
plain language of this article does not limit itself to contractors, but simply states “persons.” However, in
most circumstances, nonmilitary personnel subject to Article 2 would most likely be contractors of some
type. Any individual applying the UCMJ to individuals that are not members of U.S. military forces must
approach this area with caution and detailed legal analysis. Commanders must work closely with their legal
advisor when taking action against contractor personnel. FUNDING
3-114. A critical legal consideration for commanders conducting UW operations is using the proper
funding authorizations for the mission. The two major types of funding are operations and maintenance
(O&M) funding for U.S. forces and what is commonly known as Section...
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This document was uploaded on 01/15/2014.
- Winter '14