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As a practical matter, non-State armed groups would often be bound by their State’streaty obligations due to the very fact that the leaders of those non-State armed groups wouldclaim to be the State’s legitimate representatives. 65 Other practical considerations, such as thedesire to be seen as legitimate, may also contribute to their compliance with the law of war. 6617.3 SPECIAL AGREEMENTS BETWEEN PARTIES TO THE CONFLICTParties to a conflict may enter into agreements to bring into force law of war rules. 67 Forexample, pursuant to Common Article 3 of the 1949 Geneva Conventions, the parties to theconflict should further endeavor to bring into force, by means of special agreements, all or partof the other provisions of the 1949 Geneva Conventions. 68 Similarly, pursuant to the 1954Rather, a convincing theory is that they are bound as a matter of international customary law to observe theobligations by common Article 3 which is aimed at the protection of humanity.”).65 GWS COMMENTARY 51-52 (“On the other hand, what justification is there for the obligation on the adverse Partyin revolt against the established authority? At the Diplomatic Conference doubt was expressed as to whetherinsurgents could be legally bound by a Convention which they had not themselves signed. But if the responsibleauthority at their head exercises effective sovereignty, it is bound by the very fact that it claims to represent thecountry, or part of the country. The ‘authority’ in question can only free itself from its obligations under theConvention by following the procedure for denunciation laid down in Article 63. But the denunciation would not bevalid, and could not in point of fact be effected, unless the denouncing authority was recognized internationally as acompetent Government. It should, moreover, be noted that under Article 63 denunciation does not take effectimmediately.”).66 GWS COMMENTARY 52 (“If an insurgent party applies Article 3, so much the better for the victims of the conflict.No one will complain. If it does not apply it, it will prove that those who regard its actions as mere acts of anarchyor brigandage are right.”). Refer to § 18.2 (Prudential Reasons Supporting the Implementation and Enforcement ofthe Law of War).67 For example, Letter from James Robertson to George Washington (May 1, 1782) (“Sir, A Commission from theKing appointing me Commander in Chief of his forces in this country having arrived by a late conveyance, I make itone of my first cares, to convince you of my wish to carry on the war agreeable to the rules which humanity formed,and the example of the politest nations recommended. I make this declaration of my resolution, in hope that I mayfind a similar inclination in you. To effect this, let us agree to prevent or punish every breach of the rules of warwithin the spheres of our command.”) and, Letter from George Washington to James Robertson (May 5, 1782)(“Sincerely lamenting the cruel necessity, which alone can induce so distressing a measure in the present instance, Ido assure your Excellency, I am as earnestly desirous as you can be, that the war may be carried on agreeable to therules which humanity formed, and the example of the politest nations recommends, and shall be extremely happy inagreeing with you to prevent or punish every breach of the rules of war within the sphere of our respectivecommands.”), reprinted in THE REMEMBRANCER; OR, IMPARTIAL REPOSITORY OF PUBLIC EVENTS FOR THE YEAR1782, PART II, 156-57.68 GWS art. 3 (“The Parties to the conflict should further endeavour to bring into force, by means of specialagreements, all or part of the other provisions of the present Convention.”); GWS-SEA art. 3 (same); GPW art. 3(same); GC art. 3 (same). For example, Bosnia and Herzegovina, Agreement No. 1 of May 22, 1992, reprinted inMarco Sassòli, Antoine A. Bouvier, Anne Quintin, III How Does Law Protect In War? Cases and Documents, CaseNo. 204: Former Yugoslavia, Special Agreements Between Parties to the Conflicts, 116-17 2 (Mar. 2011) (“Inaccordance with the Article 3 of the four Geneva Conventions of August 12, 1949, the Parties agree to bring intoforce the following provisions … . Captured combatants shall enjoy the treatment provided for by the Third GenevaConvention.”); U.N. COMMISSION ON HUMAN RIGHTS, Report on the situation of human rights in Afghanistanprepared by the Special Rapporteur, Mr. Felix Ermacora, in accordance with Commission on Human Rightsresolution 1984/55, U.N. Doc. E/CN.4/1985/21, 28-29 104 (Feb. 19, 1985) (“Apparently in 1982 an agreement onconditions for the internment of foreign prisoners was signed between the Afghan resistance movement and theInternational Committee of the Red Cross (ICRC) under which the resistance expressed its intention to respect thespirit of the provisions of the Geneva Convention relative to the Treatment of Prisoners of War. This involves the1023

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