Law of War Handbook 2005

(Jacob Rumans) #1
I.  Accurate articulation of these doctrines of non-extratemtoriality and non-self-
execution is important to ensure consistency between United States policy and
practice. However, a judge advocate should bear in mind that this is background
information, and that it is the list of human rights considered customary
intemational law that is most significant in terms of policies and practices of
U.S. forces. The judge advocate must be prepared to advise his or her
commander and staff that many of the "rights" reflected in human rights treaties
and in the Universal Declaration, although not binding as a matter of treaty
obligation, are nonetheless binding on U.S. forces as a matter of customary
international law.

Universal Declaration principles. See OPERATION UPHOLD DEMOCRACY, ~OTHMOUNTAIN DIVISION, OFFICE
OF THE STAFF JUDGE ADVOCATE MULTINATIONAL FORCE HAITI AFTER-ACTION REPORT 7-9 (March 1995)
[lOTH MOUNTAIN AAR].


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