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This manual references AP I provisions, some of which are consistent with DoD practice.Unless explicitly noted, no determinations are made about whether any of these AP I provisionsreflect customary international law.19.20.1.1 Examples of AP I Provisions Incorporated Into Other Treaties That theUnited States Has Accepted. Some AP I provisions have been incorporated into later treaties towhich the United States is a Party. For example, AP I’s definition of military objective in Article51(2) is substantially similar to the definition in Article 2(6) of CCW Amended Mines Protocoland Article 1(3) of CCW Protocol III on Incendiary Weapons. 204 Similarly, requirements underthe Child Soldiers Protocol and U.S. law are comparable to AP I’s requirements with respect tochild soldiers. 20519.20.1.2 Examples of AP I Provisions That Are Consistent With LongstandingU.S. Practice. Certain provisions of AP I may not reflect customary international law, but maybe consistent with longstanding U.S. practice. For example, AP I requires that Parties to AP Iensure that legal advisers are available to advise military commanders, and the United States haslong employed legal advisers in this role. 206 Similarly, AP I requires that Parties to AP Iundertake a legal review of, inter alia, new weapons, and the DoD policy and practice ofconducting weapons reviews preceded this provision of AP I. 20719.20.1.3 Examples of AP I Provisions That the United States Has Supported.The United States has expressed support for certain AP I provisions. For example, United Stateshas supported and sought to promote as a matter of national policy fundamental guarantees forthe treatment of persons detained during international armed conflict that are reflected in Article75 of AP I. 208 19.20.1.4 Examples of AP I Provisions Based on a Principle That the U.S.Supports, Even Though the Provision Is Not Necessarily Customary International Law NorMilitarily Acceptable in All Respects. In some cases, the United States has supported a principleunderlying an AP I provision, but the provision may not be customary international law ormilitarily acceptable in all respects. For example, the United States has supported the principlerecognized in AP I that journalism is generally to be regarded as a civilian activity. 209Even where the United States has expressed support for an underlying customaryprinciple that AP I provisions are based upon, the United States may disagree that the languageof the provision reflects customary international law. For example, with regard to “directgenerally observed by parties to international armed conflicts. We are therefore in the process of consulting withour allies to develop appropriate methods for incorporating these positive provisions into the rules that govern ourmilitary operations, and as customary international law.”).204 Refer to § 5.7.3 (Objects That Are Military Objectives).205 Refer to § 4.20.5.1 (U.S. Offense of Recruiting or Using Child Soldiers).206 Refer to § 18.5 (Role of Judge Advocates and Legal Advisers).207 Refer to § 6.2.3 (AP I Requirement for Legal Review of a New Weapon, Means, or Method of Warfare).208 Refer to § 8.1.4.2 (Article 75 of AP I and Relevant AP II Provisions).209 Refer to § 4.24.2 (Other Journalists).1161

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