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• the Amended CCW, including Protocols I, III, and IV; 35• the CCW Protocol V on Explosive Remnants of War; 36 and• AP III. 37Treaties to which the United States is not a Party that have provisions applicable to“armed conflict not of an international character” include:• AP II; 38 and• the Rome Statute of the International Criminal Court. 3917.2.1.2 Implicit Application of Treaty Provisions to Situations in NIAC. Sometreaties may apply implicitly to certain situations in non-international armed conflict. Forexample, the Genocide Convention does not expressly refer to non-international armed conflict,but recognizes that acts of genocide are criminal “whether committed in time of peace or time ofwar” and whether they are committed by “constitutionally responsible rulers, public officials or34 CCW AMENDED MINES PROTOCOL art. 1 (“2. This Protocol shall apply, in addition to situations referred to inArticle I of this Convention, to situations referred to in Article 3 common to the Geneva Conventions of 12 August1949. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated andsporadic acts of violence and other acts of a similar nature, as not being armed conflicts. 3. In case of armedconflicts not of an international character occurring in the territory of one of the High Contracting Parties, each partyto the conflict shall be bound to apply the prohibitions and restrictions of this Protocol.”).35 CCW AMENDED art. 1 (“2. This Convention and its annexed Protocols shall also apply, in addition to situationsreferred to in paragraph 1 of this Article, to situations referred to in Article 3 common to the Geneva Conventions of12 August 1949. This Convention and its annexed Protocols shall not apply to situations of internal disturbancesand tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature, as not beingarmed conflicts. 3. In case of armed conflicts not of an international character occurring in the territory of one of theHigh Contracting Parties, each party to the conflict shall be bound to apply the prohibitions and restrictions of thisConvention and its annexed Protocols.”).36 CCW PROTOCOL V ON EXPLOSIVE REMNANTS OF WAR art. 1(3) (“This Protocol shall apply to situations resultingfrom conflicts referred to in Article 1, paragraphs 1 to 6, of the Convention, as amended on 21 December 2001.”).37 AP III art. 1 (“2. This Protocol reaffirms and supplements the provisions of the four Geneva Conventions of 12August 1949 (‘the Geneva Conventions’) and, where applicable, of their two Additional Protocols of 8 June 1977(‘the 1977 Additional Protocols’) relating to the distinctive emblems, namely the red cross, the red crescent and thered lion and sun, and shall apply in the same situations as those referred to in these provisions.”).38 AP II art. 1(1) (“This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of12 August 1949 without modifying its existing conditions of applications, shall apply to all armed conflicts whichare not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relatingto the Protection of Victims of International Armed Conflicts (Protocol I) and which take place in the territory of aHigh Contracting Party between its armed forces and dissident armed forces or other organized armed groups which,under responsible command, exercise such control over a part of its territory as to enable them to carry out sustainedand concerted military operations and to implement this Protocol.”).39 ROME STATUTE art. 8(2)(c) (“In the case of an armed conflict not of an international character, serious violationsof article 3 common to the four Geneva Conventions …, namely, any of the following acts committed againstpersons taking no active part in the hostilities”); ROME STATUTE art. 8(2)(f) (“Paragraph 2(e) applies to armedconflicts not of an international character … .”).1017