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actions that would be lawful under the law of war, but may not permit actions prohibited by thelaw of war. States have used ROE as part of the implementation of their law of war obligationsduring military operations. 1101.6.6 Code of Conduct for U.S. Armed Forces. The Code of Conduct is a moral guide forU.S. forces to govern their conduct in resisting capture and their actions in the event they fallinto hostile hands. 111 The Code of Conduct was developed after the Korean War and waspromulgated by Executive Order. 112 The Code of Conduct is consistent with the law of warobligations of the United States, including obligations in the GPW. 1131.7 TREATIESTreaties are generally defined as international agreements concluded between States inwritten form and governed by international law. 114 Under international law, a treaty is bindingupon States that are Parties to it. 115The United States is a Party to a number of law of war treaties. 116 For many years, theDepartment of State has published annually a listing of treaties and other internationalagreements in force for the United States. This publication has provided helpful informationabout such treaties, including the date of U.S. ratification and a listing of other Parties to eachtreaty.1.7.1 Treaties – Notes on Terminology. Treaties may be titled or referred to by severalother terms in addition to “treaty” – including convention, protocol, or agreement. In the contextof the law of war, “protocol” often refers to an agreement that supplements or updates anexisting agreement.1.7.1.1 “Treaties” Under U.S. Constitutional Law. Under the Constitution, a“treaty” must receive the advice and consent of the Senate before U.S. ratification or accession.Certain international agreements, such as Executive agreements, are not classified as “treaties”which delineate the circumstances and limitations under which United States Forces will initiate and/or continuecombat engagement with the enemy. These rules are the subject of constant review and command emphasis. Theyare changed from time to time to conform to changing situations and the demands of military necessity. One criticaland unchanging factor is their conformity to existing international law as reflected in the Hague Conventions of1907 and the Geneva Conventions of 1949, as well as with the principles of customary international law of whichUNGA Resolution 2444 (XXIII) is deemed to be a correct restatement.”).110 Refer to § 5.1.2 (Adherence to Law of War Obligations in the Conduct of Hostilities During Military Operations).111 Refer to § 9.39 (Code of Conduct for U.S. Armed Forces).112 Refer to § 9.39.2 (Background on the U.S. Code of Conduct).113 Refer to § 9.39.1 (Text of the Code of Conduct and Discussion).114 Consider, e.g., VCLT art. 1(a) (“‘[T]reaty’ means an international agreement concluded between States in writtenform and governed by international law, whether embodied in a single instrument or in two or more relatedinstruments and whatever its particular designation;”).115 Refer to § 1.10.1.1 (Legal Force of Treaties Among States).116 Refer to § 19.2.1 (Law of War Treaties to Which the United States Is a Party).27