text: Chapter 1
  countries. Only if such personnel refuse to quit the theater of military operations may they be interned.
  Commanders should work through command channels to ensure consultation with the Department of State
  regarding the appropriate disposition of such persons.
  SOURCES OF THE LAW OF ARMED CONFLICT
  1-95. LOAC is derived from two principal sources:
  * Treaties (or Conventions), such as the Hague and Geneva Conventions. (See Appendix for a non-
  exhaustive list of treaties binding on the United States, and other treaties not binding on the United
  States.)
  * Customary International Law. Some of LOAC is not created through a treaty. Customary
  international law results from a general and consistent practice of States followed from a sense of
  legal obligation, which is known as opinio juris.
  TREATIES
  1-96. A treaty is generally defined as an international agreement concluded between States in written form
  and governed by international law. Treaties often go by different terms, such as Conventions or Protocols,
  but regardless of how titled, all treaties in force are legally binding on States Parties as a matter of
  international law. The Department of State publishes an annual listing of treaties that are in force for the
  United States.
  1-97. States sometimes need to enact domestic legislation to implement treaty provisions. Although such
  implementing legislation is not international law, it may help interpret treaty provisions or reflect a State’s
  interpretation of those provisions. A State’s domestic law, however, cannot excuse that State’s
  noncompliance with a treaty obligation as a matter of international law.
  1-98. If there is doubt as to the applicability of a specific U.S. treaty obligation, the commander should seek
  legal advice from a judge advocate. Judge advocates should refer specific questions through their operational
  chain of command for resolution to ensure that there are common understandings of the applicability of treaty
  obligations during military operations. See table 1-2 for a non-exhaustive list of treaties.
  Table 1-2. Treaties
  Law of armed conflict treaties to which the United States is a party
  Treaty Name Reference/Citation
  Washington Convention Regarding the Rights of Neutrals at Sea of October 10 Stat. 1105, TS 300,
  31, 1854 11 Bevans 1214
  Hague Convention for the Exemption of Hospital Ships in Time of War, from 35 Stat. 1854, TS 459,
  the Payment of all Dues and Taxes Imposed for the Benefit of the State of 1 Bevans 430
  December 21, 1904
  Hague Convention III of October 18, 1907, Relative to the Opening of 36 Stat. 2259, TS 538
  Hostilities
  Hague Convention IV of October 18, 1907, Respecting the Laws and Customs 36 Stat. 2277, TS 539,
  of War on Land (Hague IV), and the Annex thereto, entitled Regulations 36 Stat. 2295, TS 539
  Respecting the Laws and Customs of War on Land (HR).
  Hague Convention V of October 18, 1907, Respecting the Rights and Duties 36 Stat. 2310, TS 540
  of Neutral Powers and Persons in Case of War on Land (Hague V).
  Hague Convention VIII of October 18, 1907, Relative to the Laying of 36 Stat. 2322, TS 541,
  Automatic Submarine Contact Mines (Hague VIII). 1 Bevans 669
  Hague Convention IX of October 18, 1907, Concerning Bombardment by 36 Stat. 2351, TS 542
  Naval Forces in Time of War (Hague IX).
  Hague Convention XI of October 18, 1907, Relative to Certain Restrictions 36 Stat. 2396, TS 544,
  with Regard to the Exercise of the Right of Capture in Naval War (Hague XI). 1 Bevans 711
  Hague Convention XIII of October 18, 1907, Concerning the Rights and Duties 36 Stat. 2415, TS 545,
  of Neutral Powers in Naval War (Hague XIII). 1 Bevans 723