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(d) that of conducting their operations in accordance with the laws and customs ofwar. 139Under these conditions, which are discussed below, members of these armed groups mayoperate as combatants in or outside their own territory, even if this territory is occupied. Bycontrast, a levée en masse may only be formed on the approach of the enemy to non-occupiedterritory. 1404.6.1 GPW 4A(2) Conditions in General. The conditions set forth in Article 4A(2) of theGPW were derived from conditions found in the Regulations annexed to the 1899 Hague II andthe 1907 Hague IV. 141 These conditions reflect the attributes common to regular armed forces ofa State. 142 By seeking to ensure that participants in hostilities are sufficiently disciplined, lawabiding,and distinguishable from the civilian population, these conditions help protect thecivilian population from the hardships of war. In addition, these conditions contribute to themilitary effectiveness of the force that satisfies the conditions. 143These conditions may be understood to reflect a burdens-benefits principle, i.e., thereceipt of certain benefits in the law of war (e.g., privileges of combatant status) requires theassumption of certain obligations. 1444.6.1.1 GPW 4A(2) Conditions Required on a Group Basis. The armed group, asa whole, must fulfill these conditions for its members to be entitled to the privileges ofcombatant status. For example, if a member of an armed group met these requirements, but thearmed group did not, that member would not be entitled to the privileges of combatant status139 GPW art. 4(A)(2). See also HAGUE IV REG. art. 1 (“The laws, rights, and duties of war apply not only to armies,but also to militia and volunteer corps fulfilling the following conditions: -- 1. To be commanded by a personresponsible for his subordinates; 2. To have a fixed distinctive emblem recognizable at a distance; 3. To carry armsopenly; and 4. To conduct their operations in accordance with the laws and customs of war.”); 1899 HAGUE II REG.art. 1 (“The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps, fulfillingthe following conditions: 1. To be commanded by a person responsible for his subordinates; 2. To have a fixeddistinctive emblem recognizable at a distance; 3. To carry arms openly; and 4. To conduct their operations inaccordance with the laws and customs of war.”).140 Refer to § 4.7.1.3 (Approach of the Enemy to Non-Occupied Territory).141 See GPW COMMENTARY 49 (“[T]here was unanimous agreement [at the 1949 Diplomatic Conference] that thecategories of persons to whom the Convention is applicable must be defined, in harmony with the HagueRegulations.”).142 See GPW COMMENTARY 58 (explaining that an organization satisfying the conditions of GPW art. 4A(2) “musthave the principal characteristics generally found in armed forces throughout the world, particularly in regard todiscipline, hierarchy, responsibility and honour.”).143 JAMES BROWN SCOTT, THE PROCEEDINGS OF THE HAGUE PEACE CONFERENCES: THE CONFERENCE OF 1899 549(“General den Beer Poortugael, while fully endorsing the considerations set forth by the PRESIDENT and hisExcellency Mr. BEERNAERT, wishes to add a few words. … But from a military standpoint also it must berecognized that it is to the benefit of the populations to impose on them the conditions contained in Articles 9 and 10[predecessors to GPW art. 4A(2) and 4A(6) and], which they must satisfy if they wish to take up arms. For it is anundeniable fact that to lead undisciplined and unorganized troops into the fire is to lead them to butchery.”).144 Refer to § 3.6.3.2 (Benefits-Burdens Principle in Law of War Rules).119