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3.2 SITUATIONS TO WHICH THE LAW OF WAR APPLIESAlthough the law of war is commonly understood as applying to the conduct of hostilitiesand the protection of war victims, the law of war addresses other situations as well. The law ofwar establishes:• rules governing the resort to force (jus ad bellum); 14• rules between enemies for the conduct of hostilities and the protection of war victims ininternational and non-international armed conflict; 15• rules between belligerents and neutrals; 16• rules for military occupation; 17 and• duties during peacetime that help implement the above rules. 18In addition, these rules in the law of war can sometimes be applied by analogy to othercontexts. 193.3 STATUS OF THE PARTIES AND THE LAW OF WARThe law of war distinguishes between: (1) international armed conflicts, i.e., conflictsbetween States; and (2) other armed conflicts, typically called non-international armed conflicts.Three situations—unrecognized governments, recognition of belligerency, and nationalliberation movements—merit further discussion because they may affect whether law of warrules relating to international armed conflict apply.3.3.1 International Armed Conflict and Non-International Armed Conflict. The law ofwar treats situations of “war,” “hostilities,” or “armed conflict” differently based on the legalstatus of parties to the conflict. If two or more States oppose one another, then this type ofarmed conflict is known as an “international armed conflict” because it takes place betweenStates. However, a state of war can exist when States are not on opposite sides of the conflict. 2014 Refer to § 1.11 (Jus ad Bellum).15 Chapter V addresses the conduct of hostilities.16 Chapter XV addresses the law of neutrality.17 Refer to § 11.2 (When Military Occupation Law Applies).18 Refer to § 3.9 (Law of War Duties Also Applicable in Peace).19 Refer to § 3.7 (Applying Rules by Analogy).20 See, e.g., Hamdan v. Rumsfeld, 548 U.S. 557, 630 (2006) (noting that an armed conflict described in CommonArticle 3 of the 1949 Geneva Conventions “does not involve a clash between nations.”); The Prize Cases, 67 U.S.635, 666 (1863) (“it is not necessary to constitute war, that both parties should be acknowledged as independentnations or sovereign States. A war may exist where one of the belligerents, claims sovereign rights as against theother.”).73

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