Civilian Mariners on Warships: Progress or Piracy?
Abstract
The U.S. Navy is considering several programs to place civilian mariners on warships to take over some support functions traditionally manned by active-duty sailors. The purpose of civilianizing the fleet is to maximize capabilities, minimize payroll, and improve productivity. Civilian staffing on combatants also frees up active sailors to support other combat-related activities necessary in the current security environment. There are two international legal implications related to embarking civilians for duty on combatants. There is a substantial question as to whether civilians performing duty on combatants will change the character of a ship as a warship under international law. Second, civilian mariners that "directly participate in combat" could be considered "unlawful combatants" under international law, with exposure to criminal trial by a capturing belligerent. This analysis posits that warship status is not jeopardized by embarking civilians for duty. Further, the Law of Armed Conflict should accommodate U.S. plans to place civilians on warships, without exposure to criminal prosecution in the event that civilian mariners are captured during hostilities. The key for the U.S. Navy is maintenance of disciplinary control and restricted employment of civilian mariners to ensure adherence to the laws of war.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 25, 2007
- Accession Number
- ADA469133
Entities
People
- Gregory P. Belanger
Organizations
- United States Army War College