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• reprisals. 22119.20.2 AP II. Protocol (II) Additional to the Geneva Conventions, and Relating to theProtection of Victims of Non-International Armed Conflict (AP II) addresses certain types ofnon-international armed conflicts. 222 AP II reaffirmed, elaborated upon, and supplemented theprotections contained in Common Article 3 of the 1949 Geneva Conventions. 22319.20.2.1 The United States and AP II. The United States is not a Party to AP II.The United States signed AP II and stated one understanding on December 12, 1977. 224President Reagan transmitted AP II to the Senate for its advice and consent to ratification onJanuary 29, 1987. 225After the Supreme Court’s decision in Hamdan v. Rumsfeld, 548 U.S. 557 (2006), theBush Administration moved AP II down on the Executive’s treaty priority list, indicating that itdid not seek Senate action on the treaty at that time, so that the Administration could study thetreaty in light of the decision. On March 7, 2011, after interagency review, the ObamaAdministration urged the Senate to act as soon as practicable on AP II. 226Although the United States is not a Party to AP II, reviews have concluded that theprovisions of AP II are consistent with U.S. practice, and that any issues could be addressed withreservations, understandings, and declarations. 227220 Refer to § 5.23.3 (AP I and the Use of Enemy Flags, Insignia, or Uniforms to Shield, Favor, Protect, or ImpedeMilitary Operations).221 Refer to § 18.18.3.4 (AP I Provisions on Reprisals).222 Protocol (II) Additional to the Geneva Conventions of August 12, 1949, and Relating to the Protection of Victimsof Non-International Armed Conflicts of June 8, 1977.223 Refer to § 19.16.1.3 (Common Article 3 of the 1949 Geneva Conventions).224 United States, Statement on Signature of AP II, 1125 UNTS 699 (“It is the understanding of the United States ofAmerica that the terms used in Part III of this Protocol which are the same as the terms defined in Article 8 ofProtocol I shall so far as relevant be construed in the same sense as those definitions.”).225 Ronald Reagan, Letter of Transmittal, Jan. 29, 1987, MESSAGE FROM THE PRESIDENT TRANSMITTING AP II III.226 The White House, Office of the Press Secretary, Fact Sheet: New Actions on Guantánamo and Detainee Policy,Mar. 7, 2011 (“Additional Protocol II, which contains detailed humane treatment standards and fair trial guaranteesthat apply in the context of non-international armed conflicts, was originally submitted to the Senate for approval byPresident Reagan in 1987. The Administration urges the Senate to act as soon as practicable on this Protocol, towhich 165 States are a party. An extensive interagency review concluded that United States military practice isalready consistent with the Protocol’s provisions.”).227 George P. Shultz, Letter of Submittal, Dec. 13, 1986, MESSAGE FROM THE PRESIDENT TRANSMITTING AP II VIII(“With the above caveats, the obligations contained in Protocol II are no more than a restatement of the rules ofconduct with which U.S. military forces would almost certainly comply as a matter of national policy, constitutionaland legal protections, and common decency.”); Hillary Rodham Clinton, Secretary of State and Robert Gates,Secretary of Defense, Letter to Senators Kerry and Lugar, Mar. 7, 2011 (“We have now completed a comprehensiveinteragency review of Protocol II, and, subject to reservations, understandings, and declarations that were submittedto the Senate in 1987, along with refinements and additions that we will submit, assess it to be consistent withcurrent military practice and beneficial to our national security and foreign policy interests.”).1163