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participation in hostilities,” the United States has supported the customary principle underlyingArticle 51(3) of AP I, but has disagreed that the language of that provision reflects customaryinternational law. 210 Similarly, the intricacy of the provisions of AP I on objects indispensable tothe survival of the civilian population make it doubtful that such provisions could becharacterized as customary international law, although the United States has supported theprinciple that the starvation of civilians not be used as a method of warfare. 211 In addition,although the United States has supported the principle that civilian civil defense organizationsand their personnel be respected and protected as civilians, a number of military operationalproblems have been identified with respect to the system of protection for civil defenseestablished by AP I. 21219.20.1.5 Examples of AP I Provisions to Which the United States Has Objected.The United States has objected to certain provisions of AP I. For example, the United States hasobjected to AP I provisions on:• national liberation movements; 213• mercenaries; 214• works and installations containing dangerous forces; 215• criteria for lawful combatant status; 216• the obligation of combatants to distinguish themselves; 217• environmental protection; 218• presumptions in favor of civilian status in conducting attacks; 219• prohibiting the use of enemy flags, insignia, or uniforms to shield, favor, protect, orimpede military operations; 220 and210 Refer to § 5.9.1.2 (AP I, Article 51(3) Provision on Direct Participation in Hostilities).211 Refer to § 5.20.4 (AP I Provision on Objects Indispensable to the Survival of the Civilian Population); § 5.20.1(Starvation – Distinction).212 Refer to § 4.22 (AP I Provisions on Civil Defense Personnel).213 Refer to § 3.3.4 (AP I Provision on National Liberation Movements).214 Refer to § 4.21.1 (Treaties on Mercenaries).215 Refer to § 5.13.1 (AP I Provisions on Works and Installations Containing Dangerous Forces).216 Refer to § 4.6.1.2 (AP I and the GPW 4A(2) Conditions).217 Refer to § 5.5.8.2 (AP I Obligation for Combatants to Distinguish Themselves During Attacks or MilitaryOperations Preparatory to an Attack).218 Refer to § 6.10.3.1 (AP I Provisions on Environmental Protection).219 Refer to § 5.5.3.2 (AP I Presumptions in Favor of Civilian Status in Conducting Attacks).1162

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