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19.16.1.1 Common Terms in the 1949 Geneva Conventions – Notes onTerminology. In the 1949 Geneva Conventions, “Power” generally refers to a State. 153In the 1949 Geneva Conventions, the Detaining Power refers to the State that holds thePOW or internee. 154In the 1949 Geneva Conventions, the Protecting Power refers to a neutral State that helpsimplement the Conventions. 15519.16.1.2 Common Article 2 of the 1949 Geneva Conventions. Common Article 2of the four 1949 Geneva Conventions declares that the provisions of each convention apply “toall cases of declared war or of any other armed conflict which may arise between two or more ofthe High Contracting Parties, even if the state of war is not recognized by one of them.” 156 Thislanguage is used to help explain when the law of war applies. 157Common Article 2 also provides that each convention “shall also apply to all cases ofpartial or total occupation of the territory of a High Contracting Party, even if the said occupationmeets with no armed resistance.” 158 Common Article 2, thus, helps explain that the law ofbelligerent occupation is applicable, even if the occupying forces are not opposed by force. 159The 1954 Hague Cultural Property Convention repeats language used in Common Article2, and the CCW incorporates language from Common Article 2 by reference.19.16.1.3 Common Article 3 of the 1949 Geneva Conventions. Common Article 3to the 1949 Geneva Conventions has been described as a “Convention in miniature” that153 Jack L. Goldsmith III, Assistant Attorney General, “Protected Person” Status in Occupied Iraq Under theFourth Geneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 39 (“Finally, alQaeda is not a ‘Power[] in conflict’ that can ‘accept[] and appl[y]’ GC4 within the meaning of article 2(3). See, e.g.,G.I.A.D. Draper, The Red Cross Conventions 16 (1958) (arguing that ‘in the context of Article 2, para. 3, ‘Powers’means States capable then and there of becoming Contracting Parties to these Conventions either by ratification orby accession’); 2B Final Record of the Diplomatic Conference of Geneva of 1949, at 108 (explaining that article2(3) would impose an ‘obligation to recognize that the Convention be applied to the non-Contracting adverse State,in so far as the latter accepted and applied the provisions thereof’) (emphasis added) (‘Final Record’); supra note 4,at 23 (using ‘non-Contracting State’ interchangeably with ‘non-Contracting Power’ and ‘non-Contracting Party’).”).154 Refer to § 9.1.2.1 (GPW – Notes on Terminology); § 10.1.1.1 (GC – Notes on Terminology).155 Refer to § 18.15.1.1 (Protecting Power Under the 1949 Geneva Conventions).156 GWS art. 2 (“In addition to the provisions which shall be implemented in peacetime, the present Convention shallapply to all cases of declared war or of any other armed conflict which may arise between two or more of the HighContracting Parties, even if the state of war is not recognized by one of them.”); GWS-SEA art. 2 (same); GPW art. 2(same); GC art. 2 (same).157 Refer to § 3.4 (When Jus in Bello Rules Apply).158 GWS art. 2 (“The Convention shall also apply to all cases of partial or total occupation of the territory of a HighContracting Party, even if the said occupation meets with no armed resistance.”); GWS-SEA art. 2 (same); GPW art.2 (same); GC art. 2 (same).159 Refer to § 11.2.2.3 (“Of the Hostile Army” – Belligerent Occupation Applies to Enemy Territory).1154