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This Chapter, however, does not address all rules related to the conduct of hostilities. Forexample, rules on weapons are addressed in Chapter VI. In addition, later chapters address therules and issues specific to the Naval (Chapter XIII), Air (Chapter XIV), Space (Chapter XIV),and Cyber (Chapter XVI) domains, and Chapter XVIII addresses non-international armedconflict.Violations of the rules in the conduct of hostilities may be violations of criminal law,although it is not a purpose of this Chapter to address liability under criminal law.5.1.1 Notes on Terminology – “Means and Methods of Warfare”. In general, method ofwarfare has referred to how warfare is conducted, while means of warfare has referred toweapons or devices used to conduct warfare. 2For example, an analysis of a method of warfare might consider the way in which anartillery projectile may be employed, particularly where employment could have an adverseeffect on the civilian population. On the other hand, an analysis of the legality of the means ofwarfare might consider the legality of the way in which the artillery projectile is designed to killor injure enemy combatants. 3Although the terms means of warfare and methods of warfare lack an established,specific meaning, in some cases, the phrase “method of warfare” may be a term of art in a legalinstrument that has been specifically interpreted by the United States. For example, theChemical Weapons Convention obligates Parties to undertake not to use riot control agents as a“method of warfare,” and the United States has interpreted that prohibition not to include certainuses of riot control agents. 45.1.2 Adherence to Law of War Obligations in the Conduct of Hostilities During MilitaryOperations. The law of war rules in the conduct of hostilities have been implemented duringmilitary operations through rules of engagement and other military orders.U.S. practice and the conduct of U.S. military operations often exceed the requirementsof the law of war. For example, military commanders often seek to reduce the risk of civilian2 See, e.g., W. Hays Parks, Special Assistant to The Judge Advocate General of the Army for Law of War Matters,Memorandum of Law: Travaux Preparatoires and Legal Analysis of Blinding Laser Weapons Protocol, reprinted inTHE ARMY LAWYER 33, 34-35 (Jun. 1997) (“Method of warfare is one of two historic phrases in the law of war.Although neither phrase has an agreed definition, means of warfare traditionally has been understood to refer to theeffect of weapons in their use against combatants, while method of warfare refers to the way weapons are used in abroader sense.”); ICRC AP COMMENTARY 621 (1957) (“The term ‘means of combat’ or ‘means of warfare’ (cf.Article 35 – Basic rules) generally refers to the weapons being used, while the expression ‘methods of combat’generally refers to the way in which such weapons are used.”).3 See W. Hays Parks, Special Assistant to The Judge Advocate General of the Army for Law of War Matters,Memorandum of Law: Travaux Preparatoires and Legal Analysis of Blinding Laser Weapons Protocol, reprinted inTHE ARMY LAWYER 33, 35 (Jun. 1997) (“Thus, means considers the legality of the way in which a projectile or itsfragments, for example, kill or injure combatants. As an illustration, Protocol I of the UNCCW makes the use offragments not detectable by X-ray a prohibited means of warfare. In contrast, method weighs the way in whichweapons may be employed, particularly where employment may have an adverse effect on civilians not taking adirect part in the hostilities.”).4 Refer to § 6.16.2 (Prohibition on Use of Riot Control Agents as a Method of Warfare).184

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