5cjxburmr

not be used for military purposes in order to receive their protection from capture and from beingmade the object of attack. 120 Similarly, cultural property must not be used for military purposesin order to receive special protection. 121As another example, the rights and duties of belligerents and neutrals under the law ofneutrality may be understood as correlative or reciprocal. For example, a neutral’s validassertion of its rights may depend on whether it has fulfilled its corresponding neutral duties. 1223.6.3.3 Law of War Duties That Are Reinforced by Corresponding Duties for theEnemy. Similarly, the ability of a party to comply with a particular duty may be affected bywhether its opponent has complied with a corresponding duty. For example, the ability of aparty to discriminate in conducting attacks may be affected by whether its adversary has properlydistinguished its military objectives from the civilian population and other protected persons andobjects. 1233.7 APPLYING RULES BY ANALOGYIn some cases, a rule developed specifically for one situation may be a useful andappropriate standard to apply in a different situation. This is sometimes called an application ofa rule by analogy.In some cases, there is a treaty requirement to apply rules by analogy; in other cases, itmay be appropriate to apply law of war rules by analogy without a treaty-based requirement todo so.3.7.1 Treaty Requirement to Apply Rules by Analogy. The application of law of warrules by analogy is sometimes required by a treaty provision.For example, under the 1949 Geneva Conventions, neutral or non-belligerent States mustapply by analogy the rules relating to the treatment of the wounded and sick and of POWs wheninterning such persons under their duties of neutrality. 124 Similarly, the GC rules for penalprocedures for protected persons in occupied territory apply by analogy to proceedings againstinternees who are in the national territory of the Detaining Power. 1253.7.2 Examples of Law of War Rules and Areas in Which Such Rules Have BeenApplied by Analogy. There are other situations in which it may be appropriate to apply law ofwar rules by analogy, even though there is no treaty requirement to do so. For example, it may120 Refer to § 5.18.8.2 (Conditions for the Granting of Special Protection – No Use for Military Purposes).121 Refer to § 7.12.2.2 (No Use for Military Purposes).122 Refer to § 15.3.3 (Correlative or Reciprocal Nature of Rights and Duties Under the Law of Neutrality).123 Refer to § 2.5.5 (Reinforcing Duties – Discriminating in Conducting Attacks and Distinguishing a Party’s OwnPersons and Objects).124 Refer to § 15.16.3.1 (Provision of POW Treatment and Application of the GWS and GWS-Sea by Analogy).125 Refer to § 10.29 (Judicial Proceedings Regarding Protected Persons in Occupied Territory or Internees in aBelligerent’s Home Territory).92