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Such measures may also be understood to include a wide range of measures, such as thepromulgation or revision of policies and regulations, administrative or corrective measures, orretraining of personnel. 9718.9.4 CCW Amended Mines Protocol. Each Party to the CCW Amended MinesProtocol shall take all appropriate steps, including legislative and other measures, to prevent andsuppress violations of the CCW Amended Mines Protocol by persons or on territory under itsjurisdiction or control. 98 Such measures include appropriate measures to ensure the impositionof penal sanctions against persons who, in relation to an armed conflict and contrary to theprovisions of the CCW Amended Mines Protocol, willfully kill or cause serious injury tocivilians and to bring such persons to justice. 99Penal sanctions under Article 14 of the CCW Amended Mines Protocol only apply in asituation in which an individual: (1) knew, or should have known, that his or her action wasprohibited under the CCW Amended Mines Protocol; (2) intended to kill or cause serious injuryto a civilian; and (3) knew, or should have known, that the person he or she intended to kill orcause serious injury was a civilian. 100U.S. Federal law authorizes prosecutions for such conduct. 10118.9.5 War Crimes – Notes on Terminology. The term “war crime” has been used indifferent ways in different contexts. In contemporary parlance, the term “war crime” is mostoften used to mean serious violations of the law of war.97 Refer to § 18.4.4 (Issuance of Guidance, Training of Subordinates, and Other Preventive or Corrective Measures);§ 18.19.1 (Non-Judicial Punishment and Adverse or Corrective Administrative Actions); § 18.7 (Instructions,Regulations, and Procedures to Implement and Enforce the Law of War).98 Refer to § 18.1.2.3 (General Treaty Obligations to Take Appropriate Actions to Implement and Enforce the Treaty– CCW Amended Mines Protocol).99 CCW AMENDED MINES PROTOCOL art. 14 (“1. Each High Contracting Party shall take all appropriate steps,including legislative and other measures, to prevent and suppress violations of this Protocol by persons or onterritory under its jurisdiction or control. 2. The measures envisaged in paragraph I of this Article includeappropriate measures to ensure the imposition of penal sanctions against persons who, in relation to an armedconflict and contrary to the provisions of this Protocol, wilfully kill or cause serious injury to civilians and to bringsuch persons to justice.”).100 United States, Statement on Consent to Be Bound by the CCW Amended Mines Protocol, May 24, 1999, 2065UNTS 128, 129 (“The United States understands that - … (B) Article 14 of the Amended Mines Protocol (insofar asit relates to penal sanctions) shall apply only in a situation in which an individual – (i) knew, or should have known,that his action was prohibited under the Amended Mines Protocol; (ii) intended to kill or cause serious injury to acivilian; and (iii) knew or should have known, that the person he intended to kill or cause serious injury was acivilian.”).101 18 U.S.C. § 2441 (“(a) Offense.— Whoever, whether inside or outside the United States, commits a war crime, inany of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any termof years, or both, and if death results to the victim, shall also be subject to the penalty of death. … (c) Definition.—As used in this section the term “war crime” means any conduct— … (4) of a person who, in relation to an armedconflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May 1996), when theUnited States is a party to such Protocol, willfully kills or causes serious injury to civilians.”).1075

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