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territory from enemy control to apply by analogy rules from the law of belligerent occupation tothe administration of such territory, pending an agreement with the allied government. 1313.7.2.4 International Armed Conflict Rules and Situations of Non-InternationalArmed Conflict. Legal rules applicable to international armed conflict may sometimes be appliedby analogy to non-international armed conflict. 1323.8 END OF HOSTILITIES AND THE APPLICATION OF THE LAW OF WARIn general, law of war rules for the conduct of hostilities cease to apply when hostilitieshave ended. However, certain duties that have arisen during hostilities may continue afterhostilities have ended, and certain new duties arise at the end of hostilities.3.8.1 General Cessation of the Application of the Law of War at the End of Hostilities.Hostilities end when opposing parties decide to end hostilities and actually do so, i.e., whenneither the intent-based nor act-based tests for when hostilities exist are met. 133 Of course, if thetest for the existence of hostilities continues to be met, then hostilities cannot be deemed to haveceased. 134 For example, hostilities may be terminated by:• an agreement to end hostilities, normally in the form of a treaty of peace;• unilateral declaration of one of the parties to end the war, provided the other party doesnot continue hostilities or otherwise decline to recognize the act of its enemy;• the complete subjugation of an enemy State and its allies; or• a simple cessation of hostilities. 135131 Refer to § 11.1.3.2 (Liberation of Friendly Territory).132 Refer to § 17.2.2.3 (Application of IAC Rules by Analogy).133 Refer to § 3.4 (When Jus in Bello Rules Apply).134 David Kris, Assistant Attorney General, Response to Questions Submitted by Members Post Hearing, QuestionsSubmitted by Mr. Skelton, Reforming the Military Commissions Act of 2006 and Detainee Policy: Hearing Beforethe Committee on Armed Services, U.S. House of Representatives, 111th Congress, 1st Session, 77 (Jul. 24, 2009)(“At a minimum, we believe active hostilities will continue--and detention of enemy forces will be authorized--aslong as the United States is involved in active combat operations against such forces. In reaching the determinationthat active hostilities have ceased, we would likely consider factors that have been recognized in international law asrelevant to the existence of an armed conflict, including the frequency and level of intensity of any continuingviolence generated by enemy forces; the degree to which they maintain an organizational structure and operateaccording to a plan; the enemy’s capacity to procure, transport and distribute arms; and the enemy’s intent to inflictviolence.”).135 1956 FM 27-10 (Change No. 1 1976) 10 (“The law of land warfare generally ceases to be applicable upon: a.The termination of a war by agreement, normally in the form of a treaty of peace; or b. The termination of a war byunilateral declaration of one of the parties, provided the other party does not continue hostilities or otherwise declineto recognize the act of its enemy; or c. The complete subjugation of an enemy State and its allies, if prior to a or b;or d. The termination of a declared war or armed conflict by simple cessation of hostilities.”).94