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States may withdraw from a treaty. 163 In some cases, a reservation may also modify theobligations imposed by a treaty on that State. 164A treaty does not create either obligations or rights for a third State without its consent. 165Thus, a treaty generally would not be binding on non-Parties to the treaty or create rights orobligations for a non-Party to the treaty with respect to a Party to the treaty. Instead, a treatyonly creates law (i.e., rights that may be invoked) as between the States that are Parties to it. 1661.10.1.2 Legal Force of Customary International Law Among States. Thecustomary law of war generally binds all States. However, States that have objected to acustomary international law rule during its development are not bound by that rule. 1671.10.1.3 Predominately Inter-State Nature of International Obligations.International obligations are generally viewed as running to other States, although individualsmay have responsibility under international law.Traditionally, international law has governed relations between States, although over timeit has increasingly regulated the relationships between States and persons. Under the traditionalview, a State’s international law obligations run to other States, even when the obligations relateto an individual (e.g., by protecting that individual), such that individuals’ “place in internationallife depends largely on their status as nationals of states.” 168 For example, the 1949 GenevaConventions and the customary law of war do not provide a private right for individuals to claimcompensation directly from a State for violations of the law of war; rather, such claims are madeby other States. 169International law has long prescribed certain rules regulating the conduct ofindividuals. 170 Under international law, there may be responsibility for individuals, apart from163 Refer to § 1.7.3 (Withdrawal From Treaties).164 Refer to § 1.7.2 (Reservations to Treaties).165 Consider VCLT art. 34 (“A treaty does not create either obligations or rights for a third State without itsconsent.”).166 Case Concerning Certain German Interests in Polish Upper Silesia (Merits) (Germany v. Poland) 1925 P.C.I.J.(series A) No. 7, at 29 (“A treaty only creates law as between the States which are parties to it; in case of doubt, norights can be deduced from it in favour of third States.”).167 Refer to § 1.8.4 (Objection During Development).168 I RESTATEMENT (THIRD) OF FOREIGN RELATIONS LAW OF THE UNITED STATES 71 (1987). See also IIRESTATEMENT (THIRD) OF FOREIGN RELATIONS LAW OF THE UNITED STATES 217 (§713, comment a) (1987)(explaining that in principle, state responsibility for injury to the nationals of other states “is to the state of thealien’s nationality and gives that state a claim against the offending state. The claim derives from injury to anindividual, but once espoused it is the state’s claim, and can be waived by the state.”).169 Refer to § 18.16.4 (No Private Right to Compensation Under Customary International Law or the 1949 GenevaConventions).170 See Sosa v. Alvarez-Machain, 542 U.S. 692, 715 (2004) (noting that international law has included “a body ofjudge-made law regulating the conduct of individuals situated outside domestic boundaries” and “rules bindingindividuals for the benefit of other individuals [that] overlapped with the norms of state relationships”).37

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