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18.9.5.1 War Crimes – Any Violation of the Law of War. In some cases, the term“war crime” has been used as a technical expression for a violation of the law of war by anyperson; i.e., under this usage, any violation of the law of war is a war crime. 102 This has beenlongstanding U.S. military doctrine. 103Any violation of the law of war by members of the armed forces of a State could be madepunishable by that State through its domestic law, including military law applicable to its armedforces. For example, under military law, violations of the law of war may be made punishablethrough military orders to comply with law of war requirements. 104 Commanders may alsoimpose non-judicial punishment or take adverse administrative action to address minorviolations. 10518.9.5.2 War Crimes – Serious Violations of the Law of War. Sometimes the term“war crime” is used to refer to particularly serious violations of the law of war. For example,this is generally the usage when the term “war crime” is defined for the purposes of a particularcriminal statute. 106This usage of “war crime” is understood to exclude minor violations of the law of war.For example, if during an international armed conflict, military medical personnel perform theirduties while wearing an armlet displaying the distinctive emblem affixed to their right arm –rather than to their left arm, as specified by Article 40 of the GWS, these personnel may be saidto be violating the law of war. However, under this usage of “war crime,” such violationsgenerally would not be regarded as a “war crime.”102 See, e.g., Charter of the International Military Tribunal, art. 6, annexed to Agreement by the Government of theUnited Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, theProvisional Government of the French Republic and the Government of the Union of Soviet Socialist Republics forthe Prosecution and Punishment of the Major War Criminals of the European Axis, Aug. 8, 1945, 82 UNTS 280,288 (“The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which thereshall be individual responsibility:– … (b) War crimes: namely, violations of the laws or customs of war. Suchviolations shall include, but not be limited to, murder, ill-treatment or deportation to slave labour or for any otherpurpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons onthe seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, ordevastation not justified by military necessity;”).103 See, e.g., U.S. MILITARY ASSISTANCE COMMAND VIETNAM DIRECTIVE 20-4, Inspections and Investigations:War Crimes 3.a (May 18, 1968) (“Every violation of the law of war is a war crime”); 1956 FM 27-10 (Change No.1 1976) 499 (“The term ‘war crime’ is the technical expression for a violation of the law of war by any person orpersons, military or civilian. Every violation of the law of war is a war crime.”). Cf. 1958 UK MANUAL 624(“The term ‘war crime’ is the technical expression for violations of the laws of warfare, whether committed bymembers of the armed forces or by civilians.”).104 Refer to § 18.7.3 (Enforcement of Law of War Obligations Through Military Instructions, Regulations, andProcedures).105 Refer to § 18.19.1 (Non-Judicial Punishment and Adverse or Corrective Administrative Actions).106 See, e.g., 18 U.S.C. § 2441 (“(a) Offense.— Whoever, whether inside or outside the United States, commits a warcrime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life orany term of 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— … .”).1076