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“small wars” has also been used in military doctrine to describe situations that may becharacterized as non-international armed conflicts. 13 “Low-intensity conflict” and “small wars”are not synonymous with non-international armed conflict, but there is a high degree of overlapbetween those categories and non-international armed conflict.17.1.2 Important Commonalities Between the Law Applicable to International ArmedConflict and the Law Applicable to Non-International Armed Conflict.17.1.2.1 Common Baseline Rules. Certain baseline rules, in particular relating tothe humane treatment of detainees, must be observed regardless of the character of the armedconflict. 14 The fact that certain baseline rules are common to international armed conflict andnon-international armed conflict means that it may be unnecessary to determine the character ofthe armed conflict in order to assess whether the law has been violated.17.1.2.2 Foundational Principles of the Law of War. The foundational principlesof the law of war are common to both international armed conflict and non-international armedconflict. 15 Thus, reference to first principles in the law of war may be most useful in assessingthe rules applicable during non-international armed conflict. 1617.1.2.3 Rules for Conducting Operations Against Unprivileged Belligerents.Rules for conducting operations against unprivileged belligerents are found in both the lawapplicable to international armed conflict and the law applicable to non-international armedanti/counterterrorism, minor conventional wars, and narco conflict lie between those poles. Variations within eachcategory, overlaps, and interlocks are virtually endless.”).13 MARINE CORPS, Small Wars Manual, 1-1-1-2 (1940), reprinted as FLEET MARINE FORCE REFERENCEPUBLICATION 12-15 (1990) (“The ordinary expedition of the Marine Corps which does not involve a major effort inregular warfare against a first-rate power may be termed a small war. It is this type of routine active foreign duty ofthe Marine Corps in which this manual is primarily interested. Small wars represent the normal and frequentoperations of the Marine Corps. During about 85 of the last 100 years, the Marine Corps has been engaged in smallwars in different parts of the world. The Marine Corps has landed troops 180 times in 37 countries from 1800 to1934. Every year during the past 36 years since the Spanish-American War, the Marine Corps has been engaged inactive operations in the field. … Most of the small wars of the United States have resulted from the obligation of theGovernment under the spirit of the Monroe Doctrine and have been undertaken to suppress lawlessness orinsurrection. Punitive expeditions may be resorted to in some instances, but campaigns of conquest are contrary tothe policy of the Government of the United States.”).14 Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States), Merits, Judgment,1986 I.C.J. 14, 114 (219) (“Because the minimum rules applicable to international and to non-internationalconflicts are identical, there is no need to address the question whether those actions must be looked at in the contextof the rules which operate for the one or for the other category of conflict. The relevant principles are to be lookedfor in the provisions of Article 3 of each of the four Conventions of 12 August 1949, the text of which, identical ineach Convention, expressly refers to conflicts not having an international character.”).15 See Prosecutor v. Tadić, ICTY Appeals Chamber, IT-94-1-AR72, Decision on the Defence Motion forInterlocutory Appeal on Jurisdiction, 119 (Oct. 2, 1995) (“Indeed, elementary considerations of humanity andcommon sense make it preposterous that the use by States of weapons prohibited in armed conflicts betweenthemselves be allowed when States try to put down rebellion by their own nationals on their own territory. What isinhumane, and consequently proscribed, in international wars, cannot but be inhumane and inadmissible in civilstrife.”). Refer to § 2.1 (Introduction).16 Refer to § 17.2.2.1 (Use of Law of War Principles to Discern Rules Applicable to NIAC).1013