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I – General BackgroundChapter Contents1.1 Purpose and Scope of This Manual1.2 Use of Footnotes, Sources, Cross-References, and Signals in This Manual1.3 Definition of the Law of War1.4 Object and Nature of War1.5 “War” as a Legal Concept1.6 Law of War Distinguished From Certain Topics1.7 Treaties1.8 Customary International Law1.9 Subsidiary Means of Determining International Law1.10 Legal Force of the Law of War1.11 Jus ad Bellum1.1 PURPOSE AND SCOPE OF THIS MANUAL1.1.1 Purpose. The purpose of this manual is to provide information on the law of war toDoD personnel responsible for implementing the law of war and executing military operations. 1This manual represents the legal views of the Department of Defense. This manual doesnot, however, preclude the Department from subsequently changing its interpretation of the law.Although the preparation of this manual has benefited from the participation of lawyers from theDepartment of State and the Department of Justice, this manual does not necessarily reflect theviews of any other department or agency of the U.S. Government or the views of the U.S.Government as a whole.This manual is not intended to, and does not, create any right or benefit, substantive orprocedural, enforceable at law or in equity against the United States, its departments, agencies, orother entities, its officers or employees, or any other person.1.1.2 Scope. This manual is not a definitive explanation of all law of war issues. Thismanual focuses on jus in bello – law relating to the conduct of hostilities and the protection ofwar victims.This manual seeks to address the law of war that is applicable to the United States,including treaties to which the United States is a Party, and applicable customary internationallaw. It provides legal rules, principles, and discussion, particularly with respect to DoD practice.Although the views of other States may be referenced in this manual, it is not a purpose of thismanual to describe the views of other States, which may differ from views expressed in thismanual.1 Refer to § 1.3 (Definition of the Law of War).1

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