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III – Application of the Law of WarChapter Contents3.1 Introduction3.2 Situations to Which the Law of War Applies3.3 Status of the Parties and the Law of War3.4 When Jus in Bello Rules Apply3.5 Relationship Between Jus in Bello and Jus ad Bellum3.6 Reciprocity and Law of War Rules3.7 Applying Rules by Analogy3.8 End of Hostilities and the Application of the Law of War3.9 Law of War Duties Also Applicable in Peace3.1 INTRODUCTIONWhether a particular law of war rule applies to a situation may depend on a variety ofissues, such as (1) whether a state of “war,” “hostilities,” or “armed conflict” exists; 1 (2) whethera party is recognized as a belligerent or as a State; 2 or (3) whether an enemy State has acceptedthat law of war rule. 3 This Chapter addresses these and other broad issues underlying theapplication of law of war rules. Later chapters address issues in applying specific rules,including considerations specific to those rules. For example, whether a specific provision of theGPW applies to a particular person may depend on whether that person is entitled to POW statusunder the GPW. 4Many of the legal issues underlying the application of law of war rules may be confusingbecause they are complex and may appear to result in contradictory legal positions. Forexample, a State may be at “war” for some purposes, but not for other purposes. 5 The legalcharacter of U.S. military operations may change rapidly. For example, some operations maybegin as military operations other than war and later evolve into war, or an international armedconflict may change into a non-international armed conflict.Although this Chapter addresses how rules apply as a matter of law, DoD practice hasoften been to act consistently with law of war rules, even in certain cases where these rules mightnot technically be applicable as a matter of law.1 Refer to § 3.4 (When Jus in Bello Rules Apply).2 Refer to § 3.3 (Status of the Parties and the Law of War).3 Refer to § 3.6.1 (Treaty Provisions That Provide for Reciprocity in the Scope of Application of the Treaty).4 Refer to § 9.3 (POW Status).5 Refer to § 1.5 (“War” as a Legal Concept).70