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internees under the GPW and GC, respectively. 54 Thus, in some instances it may be appropriateto implement measures during detention of persons during non-international armed conflict byanalogy to the internment of POWs during international armed conflict or by analogy to theinternment of protected persons in occupied territory. 5517.2.2.4 Application of Law Enforcement Rules. The law applicable to noninternationalarmed conflict generally has been crafted to reflect baseline rules that States respecteven in addressing common criminals. 56 Thus, if an action would be permissible under thedomestic law enforcement rules of many States, it likely would be permissible as a matter ofcustomary international law during non-international armed conflict.17.2.3 Application of Humanitarian Rules and the Legal Status of the Parties to theConflict. The application of humanitarian rules to enemy non-State armed groups does not affectthe legal status of such groups. 57 For example, a State’s decision to apply humanitarian rules inmilitary operations against a non-State armed group would not constitute an implicit recognitionof a government that such an armed group has purported to establish nor an implicit recognitionof the legitimacy of the armed group’s cause. Such application also would not implicitly providethe members of the armed group with any legal immunity from prosecution.The principle that the application of humanitarian rules to an armed group does not affectthe legal status of that armed group has been recognized in a number of treaties. For example, byits express terms, the application of Common Article 3 of the 1949 Geneva Conventions shall notaffect the legal status of the parties to the conflict. 58 Also by express treaty terms, theapplication of the provisions of the CCW and its annexed Protocols to parties to a conflict thatare not High Contracting Parties that have accepted the CCW or its annexed Protocols shall notchange their legal status or the legal status of a disputed territory, either explicitly or implicitly. 5954 Refer to § 8.1.4.4 (Analogous GPW and GC Provisions).55 Refer to § 17.17.1.1 (Non-Punitive Detention in Non-International Armed Conflict).56 See, e.g., GWS COMMENTARY 50 (“What Government would dare to claim before the world, in a case of civildisturbances which could justly be described as mere acts of banditry, that, Article 3 not being applicable, it wasentitled to leave the wounded uncared for, to inflict torture and mutilations and to take hostages? However useful,therefore, the various conditions stated above may be, they are not indispensable, since no Government can object torespecting, in its dealings with internal enemies, whatever the nature of the conflict between it and them, a fewessential rules which it in fact respects daily, under its own laws, even when dealing with common criminals.”).57 See LIEBER CODE art. 152 (“When humanity induces the adoption of the rules of regular war toward rebels,whether the adoption is partial or entire, it does in no way whatever imply a partial or complete acknowledgement oftheir government, if they have set up one, or of them, as an independent and sovereign power. Neutrals have noright to make the adoption of the rules of war by the assailed government toward rebels the ground of their ownacknowledgment of the revolted people as an independent power.”).58 GWS art. 3 (“The application of the preceding provisions [in Article 3] shall not affect the legal status of theParties to the conflict.”); GWS-SEA art. 3 (same); GPW art. 3 (same); GC art. 3 (same).59 CCW AMENDED art. 1(6) (“The application of the provisions of this Convention and its annexed Protocols toparties to a conflict which are not High Contracting Parties that have accepted this Convention or its annexedProtocols, shall not change their legal status or the legal status of a disputed territory, either explicitly orimplicitly.”); CCW AMENDED MINES PROTOCOL art. 1(6) (“The application of the provisions of this Protocol toparties to a conflict, which are not High Contracting Parties that have accepted this Protocol, shall not change theirlegal status or the legal status of a disputed territory, either explicitly or implicitly.”); CCW AMENDED MINES1021