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crimes committed by all persons, including members of a belligerent’s armed forces. 82 Theseobligations do not affect the right of a belligerent, under customary international law, to tryenemy personnel for war crimes other than grave breaches of the 1949 Geneva Conventions. 83Parties to the 1949 Geneva Conventions undertake to enact any legislation necessary toprovide effective penal sanctions for persons committing, or ordering to be committed, any of thegrave breaches of the 1949 Geneva Conventions. 84Each Party to the 1949 Geneva Conventions shall be under the obligation to search forpersons alleged to have committed, or to have ordered to be committed, such grave breaches, andshall bring such persons, regardless of their nationality, before its own courts. 85 It may also, if itprefers, and in accordance with the provisions of its own legislation, hand such persons over fortrial to another High Contracting Party concerned, provided such High Contracting Party hasmade out a prima facie case. 86No Party to the 1949 Geneva Conventions shall be allowed to absolve itself or any otherParty of any liability incurred by itself or by another Party in respect of grave breaches of the1949 Geneva Conventions. 8782 1956 FM 27-10 (Change No. 1 1976) 506 (“b. Declaratory Character of Above Principles. The principlesquoted in a [provisions of GWS art. 49, GWS-Sea art. 50, GPW art. 129, and GC art. 146], above, are declaratory ofthe obligations of belligerents under customary international law to take measures for the punishment of war crimescommitted by all persons, including members of a belligerent's own armed forces.”). See also Joyce A.C.Gutteridge, The Geneva Conventions of 1949, 26 BRITISH YEAR BOOK OF INTERNATIONAL LAW 294, 305 (1949)(“In accordance with the decision that there should be no attempt in the Geneva Conventions to embark, in howeverrudimentary a fashion, on the settlement of a procedure for dealing with war crimes, the Conventions do not attemptto provide for the trial of ‘grave breaches’ thereof by any international tribunal, but contemplate only trial andsentence by the regularly constituted courts of parties to the conflict.”).83 Richard R. Baxter, The Geneva Conventions of 1949, 62 U.S. NAVAL WAR COLLEGE INTERNATIONAL LAWSTUDIES 220, 223 (1980) (“It may cheer some of you to hear that the Conventions make no reference to warcrimes—by that name. There was much controversy about this point at the Conference in 1949, and the upshot of itwas that each of the four Conventions contains an article specifying certain atrocious acts, such as the torturing ofprisoners and civilians, as ‘grave breaches’ of the Conventions. Judicial safeguards are provided for personscharged with such acts. Of course, these specific provisions do not affect the right of a belligerent, under customaryinternational law, to try enemy personnel for war crimes other than ‘grave breaches’ of the treaties.”).84 GWS art. 49 (“The High Contracting Parties undertake to enact any legislation necessary to provide effectivepenal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the presentConvention defined in the following Article.”); GWS-SEA art. 50 (same); GPW art. 129 (same); GC art. 146 (same).85 GWS art. 49 (“Each High Contracting Party shall be under the obligation to search for persons alleged to havecommitted, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless oftheir nationality, before its own courts.”); GWS-SEA art. 50 (same); GPW art. 129 (same); GC art. 146 (same).86 GWS art. 49 (“It may also, if it prefers, and in accordance with the provisions of its own legislation, hand suchpersons over for trial to another High Contracting Party concerned, provided such High Contracting Party has madeout a prima facie case.”); GWS-SEA art. 50 (same); GPW art. 129 (same); GC art. 146 (same).87 GWS art. 51 (“No High Contracting Party shall be allowed to absolve itself or any other High Contracting Partyof any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in thepreceding Article.”); GWS-SEA art. 52 (same); GPW art. 131 (same); GC art. 148 (same).1071