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ensure observance of that Convention, and to foster in the members of their armed forces a spiritof respect for the culture and cultural property of all peoples. 6818.7.1.5 Instructions, Regulations, and Procedures – CCW Protocol V onExplosive Remnants of War. Each Party to the CCW Protocol V on Explosive Remnants of Warshall require that its armed forces and relevant agencies or departments issue appropriateinstructions and operating procedures. 6918.7.2 Reasons for Implementation Through Instructions, Regulations, and Procedures.In addition to cases in which instructions or regulations are required by a treaty, there are anumber of reasons for implementing law of war obligations through instructions, regulations, andother procedures.18.7.2.1 Re-characterizing National Obligations Into Rules for Individuals. First,under the traditional view of international law, obligations are owed between States, and not asbetween States and individuals. 70 Thus, treaty provisions may need to be re-characterized fromobligations that Parties to the treaty promise to one another into rules for individual conduct.18.7.2.2 Implementing the Rules in Non-Self-Executing Treaties. The adoption ofinstructions, regulations, or procedures may assist in the implementation of non-self-executingtreaties. When treaties or provisions of treaties are regarded as “non-self-executing,” suchprovisions do not constitute enforceable domestic law even though the State has ratified them,but require further implementing action by the ratifying State. 71However, a State may adopt instructions, regulations, or procedures that are enforceableunder its domestic law and that implement the rules reflected in a treaty. Thus, because suchinstructions, regulations, or procedures are enforceable domestically, the State can enforce therules in the treaty, even though the treaty remains non-self-executing.18.7.2.3 Setting Higher Standards as a Matter of Policy. In addition, States maychoose to implement law of war obligations through instructions, regulations, and proceduresbecause they wish to set a higher standard for their armed forces as a matter of policy. Forexample, rules of engagement are often more restrictive than relevant law of war requirements. 7218.7.2.4 Clarifying Ambiguities in the Law. States may choose to implement lawof war obligations through instructions, regulations, and procedures because they wish to clarify68 1954 HAGUE CULTURAL PROPERTY CONVENTION art. 7 (“The High Contracting Parties undertake to introduce intime of peace into their military regulations or instructions such provisions as may ensure observance of the presentConvention, and to foster in the members of their armed forces a spirit of respect for the culture and culturalproperty of all peoples.”).69 CCW PROTOCOL V ON EXPLOSIVE REMNANTS OF WAR art. 11(1) (“Each High Contracting Party shall require thatits armed forces and relevant agencies or departments issue appropriate instructions and operating procedures andthat its personnel receive training consistent with the relevant provisions of this Protocol.”).70 Refer to § 1.10.1.3 (Predominately Inter-State Nature of International Obligations).71 Refer to § 1.10.2.1 (Force of Self-Executing and Non-Self-Executing Treaties Under U.S. Domestic Law).72 Refer to § 1.6.5 (Rules of Engagement (ROE)).1068

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