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18.7.1 Treaty Provisions Specifically Contemplating or Requiring Military Instructions,Regulations, and Procedures. Law of war treaties contemplate or in some cases require that suchinstructions will be issued. In some cases, the implementation of a treaty through militaryinstructions or regulations may be understood as a part of the general requirements for States totake appropriate actions to implement and enforce their obligations under that treaty. 6318.7.1.1 Instructions, Regulations, and Procedures – Hague Conventions on LandWarfare. Parties to Hague IV shall issue instructions to their armed land forces, which shall bein conformity with the “Regulations respecting the Laws and Customs of War on Land” annexedto Hague IV. 64 18.7.1.2 Instructions, Regulations, and Procedures – 1949 Geneva Conventions.The 1949 Geneva Conventions contemplate that Parties will adopt laws and regulations to ensurethe proper application of the Conventions. 65 The requirement to issue implementing instructionsmay be understood as part of the general obligation of Parties to undertake to respect and toensure respect for the Conventions. 6618.7.1.3 Instructions, Regulations, and Procedures – CCW Amended MinesProtocol. Each Party to the CCW Amended Mines Protocol shall require that its armed forcesissue relevant military instructions and operating procedures. 6718.7.1.4 Instructions, Regulations, and Procedures – 1954 Hague CulturalProperty Convention. Parties to the 1954 Hague Cultural Property Convention undertake tointroduce in time of peace into their military regulations or instructions such provisions as mayRelative to the Protection of Civilian Persons in Time of War (GC), and In the event of conflicts or discrepanciesbetween this regulation and the Geneva Conventions, the provisions of the Geneva Conventions take precedence.”).Refer to § 8.1.2 (DoD Policies and Regulations Regarding the Treatment of Detainees); § 9.1.3 (DoD Policies andRegulations for the Treatment of POWs); § 10.1.2 (DoD Policies and Regulations for the Treatment of Internees).63 Refer to § 18.1.2 (National Obligations to Implement and Enforce the Law of War).64 HAGUE IV art. 1 (“The Contracting Powers shall issue instructions to their armed land forces which shall be inconformity with the Regulations respecting the laws and customs of war on land, annexed to the presentConvention.”). Cf. 1899 HAGUE II art. 1 (“The High Contracting Parties shall issue instructions to their armed landforces, which shall be in conformity with the ‘Regulations respecting the Laws and Customs of War on Land’annexed to the present Convention.”).65 GWS art. 48 (“The High Contracting Parties shall communicate to one another through the Swiss Federal Counciland, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well asthe laws and regulations which they may adopt to ensure the application thereof.”); GWS-SEA art. 49 (same); GPWart. 128 (same); GC art. 145 (same).66 Refer to § 18.1.2.1 (General Treaty Obligations to Take Appropriate Actions to Implement and Enforce the Treaty– 1949 Geneva Conventions).67 CCW AMENDED MINES PROTOCOL art. 14(3) (“Each High Contracting Party shall also require that its armedforces issue relevant military instructions and operating procedures and that armed forces personnel receive trainingcommensurate with their duties and responsibilities to comply with the provisions of this Protocol.”).1067

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