5cjxburmr

18.9.5.3 War Crimes – Serious Violations of Domestic Law Applicable DuringArmed Conflict. The term “war crime” has also been used to describe offenses, such asespionage and unprivileged belligerency, that although not prohibited by international law, areproperly liable to punishment by the belligerent against which they are directed. 107 Generally,this usage does not prevail today, although practitioners may find this usage in older sources.18.10 METHODS FOR RESPONDING TO VIOLATIONS OF THE LAW OF WAR BY THE ENEMYIn the event of violation of the law of war, it may be possible for the injured State toresort to remedial action of the following types:• publication of the facts, with a view to influencing public opinion against the offendingbelligerent;• protests and demands to the offending party, 108 including demands for compensation orthe punishment of enemy persons who have violated the law; 109• solicitation of the good offices, mediation, or intervention of neutral States for thepurpose of making the enemy observe the law of war; 110• petition to the U.N. Security Council; 111• punishment of captured offenders as war criminals, either through national orinternational tribunals; 112• retorsion; 113 and• reprisals. 114107 1958 UK MANUAL 624 (“The term ‘war crime’ is the technical expression for violations of the laws of warfare,whether committed by members of the armed forces or by civilians. It has also been customary to describe as warcrimes such acts as espionage and so-called war treason which, although not prohibited by international law, areproperly liable to punishment by the belligerent against which they are directed. However, the accuracy of thedescription of such acts as war crimes is doubtful.”). Refer to § 4.19.4.1 (Unprivileged Belligerency and the Law ofWar – Notes on Terminology).108 Refer to § 18.11 (Protests and Demands to the Offending Party).109 Refer to § 18.11.2 (Demands for Redress).110 Refer to § 18.15 (Protecting Power and Other Neutral Intermediaries).111 Refer to § 18.12 (U.N. Security Council and Enforcement of the Law of War).112 Refer to § 18.19 (Discipline in National Jurisdictions of Individuals for Violations of the Law of War); § 18.20(Prosecution in International and Hybrid Courts).113 Refer to § 18.17 (Retorsion).114 Refer to § 18.18 (Reprisals).1077