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Further, by the express terms of the 1954 Hague Cultural Property Convention, its provisionsthat relate to non-international armed conflict shall not affect the legal status of the parties to theconflict. 6017.2.4 Binding Force of the Law of War on Insurgents and Other Non-State ArmedGroups. The law of war applicable in a non-international armed conflict is binding upon allparties to the armed conflict, including State armed forces and non-State armed groups. Avariety of explanations have been offered for this principle.Customary law of war rules are binding on a State, even if it is not a Party to a treatycontaining the rule. 61 Similarly, customary law of war rules are binding on those parties to thearmed conflict that intend to make war and to claim the rights of a belligerent, even if they arenot States. 62Treaty provisions that address non-international armed conflict provide that they applynot only to the State, but to each party to the conflict. 63 In many cases, these treaty provisionswould also be binding on non-State armed groups as a matter of customary international law. 64PROTOCOL art. 12(1)(b) (“The application of the provisions of this Article to parties to a conflict which are not HighContracting Parties shall not change their legal status or the legal status of a disputed territory, either explicitly orimplicitly.”).60 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 19(4) (“The application of the preceding provisions shall notaffect the legal status of the parties to the conflict.”).61 Refer to § 1.8 (Customary International Law).62 See Trial of Henry Wirz, Argument of the Judge Advocate (Special Military Commission, Washington D.C., Oct.20, 1865), reprinted in 40th Congress, House Executive Document No. 23, A Congressionally Mandated ReportSummarizing the Military Commission’s Proceedings, 722, 764 (Dec. 7, 1867) (“Whatever the form of governmentmay have been to which the leaders of the confederacy, so-called, aspired; whatever of wrong and injustice theysought to embody in their system; with whatever of oppression and tyranny they sought to grind down their subjects,the moment they asked a place among nations they were bound to recognize and obey those laws internationalwhich are and of necessity must be applicable alike to all.”); Chacon v. Eighty-Nine Bales of Cochineal, 5 F. Cas.390, 394 (C.C.D. Va. 1821) (Marshall, C.J.) (whether an entity “be a state or not, if she is in a condition to makewar, and to claim the character and rights of a belligerent, she is bound to respect the laws of war;”). Refer to§ 3.4.1.2 (Non-State Armed Groups With the Intention of Conducting Hostilities).63 See, e.g., GWS art. 3 (“In the case of armed conflict not of an international character occurring in the territory ofone of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, … .”); 1954HAGUE CULTURAL PROPERTY CONVENTION ART. 19(1) (“In the event of an armed conflict not of an internationalcharacter occurring within the territory of one of the High Contracting Parties, each party to the conflict shall bebound to apply, as a minimum, the provisions of the present Convention which relate to respect for culturalproperty.”); CCW AMENDED MINES PROTOCOL art. 1(3) (“In case of armed conflicts not of an internationalcharacter occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be boundto apply the prohibitions and restrictions of this Protocol.”); CCW AMENDED art. 1(3) (“In case of armed conflictsnot of an international character occurring in the territory of one of the High Contracting Parties, each party to theconflict shall be bound to apply the prohibitions and restrictions of this Convention and its annexed Protocols.”).64 Special Court for Sierra Leone Appeals Chamber, Decision on Challenge to Jurisdiction: Lomé Accord Amnesty,SCSL-2004-15-AR72(E) and SCSL-2004-16-AR72(E), 47 (Mar. 13, 2004) (“It suffices to say, for the purpose of thepresent case, that no one has suggested that insurgents are bound because they have been vested with personality ininternational law of such a nature as to make it impossible for them to be a party to the Geneva Conventions.1022