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Reciprocity is also reflected in the principle of tu quoque, which may limit a State’sability to deem unlawful and punish certain conduct by its adversary when that State has chosento allow its forces to engage in that same conduct. 113Even if the application of a law of war rule does not depend on reciprocity as a matter oflaw, reciprocity may be important as a practical way of encouraging compliance by the adversarywith the law of war. 1143.6.3 Law of War Rules May Incorporate Reciprocity. Apart from affecting whetherrules apply, reciprocity may be incorporated into the operation of particular law of war rules. Inother words, a law of war rule may operate differently depending upon an opponent’s behavior.3.6.3.1 Reciprocity – “Golden Rule”. A principle of reciprocity may beunderstood to be reflected in law of war rules that reflect the golden rule. 115 For example, thetreatment of POWs has been based on the principle that POWs should be treated as the DetainingPower would want its forces held by the enemy to be treated. 116 Similarly, during the process ofreleasing and repatriating POWs, it is proper to expect that each Party’s conduct with respect tothe repatriation of POWs will be reasonable and broadly commensurate with the conduct of theother. 1173.6.3.2 Benefits-Burdens Principle in Law of War Rules. In some cases, the lawof war requires that those seeking to obtain certain benefits under the law of war also acceptcertain burdens as a condition for receiving those benefits. 118 For example, militia and volunteercorps that seek the privileges of combatant status during international armed conflict must meetcertain conditions (e.g., conducting their operations in accordance with the laws and customs ofwar) before receiving such privileges. 119 In addition, hospital ships and coastal rescue craft must113 Refer to § 18.21.2 (Tu Quoque).114 Refer to § 18.2.2 (Encouraging Reciprocal Adherence by the Adversary).115 See J. Pictet, The Principles of International Humanitarian Law, 6 INTERNATIONAL REVIEW OF THE RED CROSS455, 462 (Sept. 1966) (“Humanitarian law receives its impulse from moral science all of which can be summed up inone sentence, ‘do to others what you would have done to yourself’. This crystallizes the wisdom of nations and isthe secret of happiness, or at least, of the best order of society. This fundamental precept can be found, in an almostidentical form, in all the great religions, Brahmin, Buddhist, Christian, Confucian, Islamic, Jewish and Taoist. It isalso the main prop of the positivists who do not base themselves on precepts of any given religion, but on socialfacts, considered objectively, through their own reasoning alone.”).116 Refer to § 9.2.5 (Reciprocity in the Treatment of POWs).117 Refer to § 9.37.1 (Agreements on POW Release and Repatriation).118 See, e.g., Al Warafi v. Obama, 716 F.3d 627, 631-32 (D.C. Cir. 2013) (“The Geneva Conventions and theircommentary provide a roadmap for the establishment of protected status. As the district court found, Al Warafi wasserving as part of the Taliban. The Taliban has not followed the roadmap set forth in the Conventions, and it has notcarried Al Warafi to the destination. … Without compliance with the requirements of the Geneva Conventions, theTaliban’s personnel are not entitled to the protection of the Convention.”); Jack L. Goldsmith III, Assistant AttorneyGeneral, “Protected Person” Status in Occupied Iraq Under the Fourth Geneva Convention, Mar. 18, 2004, 28OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 53-57 (explaining “the Geneva Conventions’ fundamentalprinciple that warring entities must accept the Conventions’ burdens in order to claim their benefits.”).119 Refer to § 4.6 (Other Militia and Volunteer Corps).91