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neutrality have such a clause. 107 Other treaties specify that if both Parties and non-Parties to atreaty are in an armed conflict, then Parties to the treaty remain bound by the treaty in theirmutual relations, but not in relation to States that are not Parties to the treaty. 108 Treaties havealso provided that if a State in an armed conflict is not a Party to the treaty, but it accepts andapplies the treaty’s provisions, then the Parties to the treaty are bound by the treaty in relation tothat State. 109These provisions, however, only determine the application of the treaty as matter oftreaty law and not as customary international law. For example, although not all parties to WorldWar II were Parties to Hague IV (thus failing to satisfy the requirements of Hague IV’s generalparticipation clause), Hague IV’s humanitarian protections were deemed applicable as a matterof customary international law. 1103.6.2 Reciprocity in the Enforcement of the Law of War. Reciprocity may be reflected inthe enforcement of the law of war. For example, the principle of reciprocity is reflected in theconcept of reprisal, which under very limited circumstances permits a belligerent to take actionthat would otherwise be unlawful in order to remedy an enemy’s breach of the law. 111 However,the prohibitions on reprisal in the law of war also may be understood to reflect importantlimitations on the principle of reciprocity in enforcing the law of war. 112(“The provisions of the present Convention do not apply except between Contracting Powers, and then only if all thebelligerents are parties to the Convention.”); HAGUE XIII art. 28 (“The provisions of the present Convention do notapply except to the Contracting Powers, and then only if all the belligerents are parties to the Convention.”); 1929GPW art. 82 (“The provisions of the present Convention must be respected by the High Contracting Parties under allcircumstances. In case, in time of war, one of the belligerents is not a party to the Convention, its provisions shallnevertheless remain in force as between the belligerents who are parties thereto.”); 1929 GWS art. 25 (“Theprovisions of the present Convention shall be respected by the High Contracting Parties under all circumstances. If,in time of war, a belligerent is not a party to the Convention, its provisions shall nevertheless remain in force asbetween all the belligerents who are parties to the Convention.”).107 Refer to § 15.1.4 (Application of Treaties on Neutrality and Customary International Law).108 See, e.g., GPW art. 2 (“Although one of the Powers in conflict may not be a party to the present Convention, thePowers who are parties thereto shall remain bound by it in their mutual relations.”); GWS-SEA art. 2 (same); GPWart. 2 (same); GC art. 2 (same); CCW art. 7(1) (“When one of the parties to a conflict is not bound by an annexedProtocol, the parties bound by this Convention and that annexed Protocol shall remain bound by them in theirmutual relations.”).109 See CCW art. 7(2) (“Any High Contracting Party shall be bound by this Convention and any Protocol annexedthereto which is in force for it, in any situation contemplated by Article 1, in relation to any State which is not aparty to this Convention or bound by the relevant annexed Protocol, if the latter accepts and applies this Conventionor the relevant Protocol, and so notifies the Depositary.”); GWS art. 2 (“Although one of the Powers in conflict maynot be a party to the present Convention, the Powers who are parties thereto … shall furthermore be bound by theConvention in relation to the said Power, if the latter accepts and applies the provisions thereof.”); GWS-SEA art. 2(same); GPW art. 2 (same); GC art. 2 (same).110 Refer to § 19.8.2.1 (Hague IV and Customary International Law).111 Refer to § 18.18 (Reprisals).112 Refer to § 18.18.3 (Treaty Prohibitions on Reprisals). Consider also VCLT art. 60(5) (“Paragraphs 1 to 3 do notapply to provisions relating to the protection of the human person contained in treaties of a humanitarian character,in particular to provisions prohibiting any form of reprisals against persons protected by such treaties.”).90