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the law of war, including military forces operating pursuant to U.N. Security Councildecisions. 102The U.N. Security Council also has certain authorities to respond to situations involvingviolations of the law of war, including establishing commissions of inquiry or authorizing the useof force. 103Decisions of the Security Council, however, may alter the obligations of member Statesof the United Nations under the law of neutrality. 104 In addition, a U.N. Security Councilauthorization may provide additional authority for an Occupying Power to govern occupiedterritory. 1053.6 RECIPROCITY AND LAW OF WAR RULES“Reciprocity” sometimes refers to the idea that whether a law of war rule applies to aparty to a conflict depends on whether its opponent has accepted and complies with that samerule or a corresponding rule. The requirement to comply with many law of war rules (such as theobligation to treat detainees humanely) does not depend on whether the enemy complies withthat rule. Nonetheless, in the law of war, reciprocity may play a role in: (1) whether a ruleapplies; (2) enforcing a rule; or (3) how a rule operates.3.6.1 Treaty Provisions That Provide for Reciprocity in the Scope of Application of theTreaty. Considerations of reciprocity – i.e., the degree of confidence as to whether an adversarywill, in fact, abide by a certain rule – may be a critical factor in the willingness of States to enterinto treaty obligations.Similarly, various treaty provisions also reflect, to varying degrees, the principle thatwhether a rule is legally binding on a party depends on whether its opponent has accepted andapplied that same rule. For example, some law of war treaties have a “general participationclause” – i.e., a clause specifying that the treaty only applies to an armed conflict if all the partiesto the armed conflict are also Parties to the treaty. 106 A number of treaties on the law of102 For example, U.N. SECURITY COUNCIL RESOLUTION 2011(2011), U.N. Doc. S/RES/2011 (2011) (Oct. 12, 2011)(“Expressing its serious concern with the increased high number of civilian casualties in Afghanistan, in particularwomen and children casualties, the increasingly large majority of which are caused by Taliban, Al-Qaida and otherviolent and extremist groups, reaffirming that all parties to armed conflict must take all feasible steps to ensure theprotection of affected civilians, especially women, children and displaced persons, calling for all parties to complywith their obligations under international humanitarian and human rights law and for all appropriate measures to betaken to ensure the protection of civilians, and recognizing the importance of the ongoing monitoring and reportingto the United Nations Security Council, including by ISAF, of the situation of civilians and in particular civiliancasualties, and noting in this regard the work of the ISAF Civilian Casualties Tracking Cell,”).103 Refer to § 18.12 (U.N. Security Council and Enforcement of the Law of War).104 Refer to § 15.2.3 (The Law of Neutrality Under the Charter of the United Nations).105 Refer to § 11.1.2.5 (Occupation and U.N. Security Council Resolutions).106 For example, HAGUE IV art. 2 (“The provisions contained in the Regulations referred to in Article 1, as well as inthe present Convention, do not apply except between Contracting Powers, and then only if all the belligerents areparties to the Convention.”); HAGUE V art. 20 (“The provisions of the present Convention do not apply exceptbetween Contracting Powers, and then only if all the belligerents are parties to the Convention.”); HAGUE IX art. 889

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