In terms of international armed conflict, those CIA agents are, unlike their military counterparts but like the fighters they target, unlawful combatants. No less than their insurgent targets, they are fighters without uniforms or insignia, directly participating in hostilities, employing armed force contrary to the laws and customs of war. Even if they are sitting in Langley, the CIA pilots are civilians violating the requirement of distinction, a core concept of armed conflict, as they directly participate in hostilities…
If the CIA civilian personnel recently killed by a suicide bomber in Khost, Afghanistan, were directly involved in supplying targeting data, arming or flying drones in the combat zone, they were lawful targets of the enemy, although the enemy himself was not a lawful combatant. It makes no difference that CIA civilians are employed by, or in the service of, the U.S. government or its armed forces. They are civilians; they wear no distinguishing uniform or sign, and if they input target data or pilot armed drones in the combat zone, they directly participate in hostilities — which means they may be lawfully targeted.
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