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international armed conflict. Certain guidelines may be helpful in assessing customaryinternational law applicable to non-international armed conflict. 2317.1.3.3 Important Substantive Differences Between the Law Applicable toInternational Armed Conflict and the Law Applicable to Non-International Armed Conflict.There are important substantive differences between the law applicable to international armedconflict and the law applicable to non-international armed conflict, including the following threeexamples.First, the different circumstances that typically arise in non-international armed conflictsas compared to international armed conflicts may need to be considered in applying the principleof distinction. 24Second, States have greater latitude to compel enemy persons to switch allegiance or toserve the State in hostilities during non-international armed conflict than States have to compelenemy nationals during international armed conflict. 25Third, States have greater latitude to use their domestic law against enemy armed groupsin non-international armed conflict than States have to use their domestic law against enemyforces or enemy nationals in international armed conflict. 2617.2 APPLICATION OF INTERNATIONAL LAW TO NIACSIn some cases, there may be important substantive differences between the rulesapplicable in international armed conflict and the rules applicable in non-international armedconflict. 27 In some cases, only the general essence of a rule that applies during internationalarmed conflict applies during non-international armed conflict, as opposed to the detailedprovisions in some treaties relating to many aspects of international armed conflict. 28The extent to which the law of war rules that apply during international armed conflictmust or should apply during non-international armed conflict has not been clearly defined as the23 Refer to § 17.2.2 (Assessing Customary International Law Applicable to NIAC).24 Refer to § 17.5 (Principle of Distinction in NIAC).25 Refer to § 17.12.1 (Compelling Captured or Surrendered Enemy Personnel to Take Part in the Conflict).26 Refer to § 17.4.1 (Ability of a State to Use Its Domestic Law Against Non-State Armed Groups).27 Refer to § 17.1.3.3 (Important Substantive Differences Between the Law Applicable to International ArmedConflict and the Law Applicable to Non-International Armed Conflict).28 See, e.g., Prosecutor v. Tadić, ICTY Appeals Chamber, IT-94-1-AR72, Decision on the Defence Motion forInterlocutory Appeal on Jurisdiction, 126-127 (Oct. 2, 1995) (“The emergence of the aforementioned generalrules on internal armed conflicts does not imply that internal strife is regulated by general international law in all itsaspects. Two particular limitations may be noted: (i) only a number of rules and principles governing internationalarmed conflicts have gradually been extended to apply to internal conflicts; and (ii) this extension has not takenplace in the form of a full and mechanical transplant of those rules to internal conflicts; rather, the general essence ofthose rules, and not the detailed regulation they may contain, has become applicable to internal conflicts.”).1015