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18.12.5.3 U.N. Security Council Role in the Statute of the International Court ofJustice. Under the Statute of the International Court of Justice, a party to a case may haverecourse to the Security Council if an opposing party fails to perform the obligations incumbentupon it under a judgment rendered by the Court. 13318.13 NATIONAL INVESTIGATIONS OF ALLEGED VIOLATIONS OF THE LAW OF WARThe duties to implement and enforce the law of war also imply duties to investigatereports of alleged violations of the law of war. 134 In addition to taking measures to meet therequirements of DoD policy, commanders may also take other measures they deem appropriateto ensure appropriate investigation and reporting of alleged violations of the law of war withintheir command. 13518.13.1 DoD Policy on Reporting Law of War Violations. DoD policy has required thereporting of possible, suspected, or alleged violations of the law of war for which there iscredible information, or conduct during military operations other than war that would constitute aviolation of the law of war if it occurred during armed conflict (“reportable incidents”). 136 Such133 ICJ STATUTE art. 94(2) (“If any party to a case fails to perform the obligations incumbent upon it under ajudgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deemsnecessary, make recommendations or decide upon measures to be taken to give effect to the judgment.”).134 See United States v. List, et al. (The Hostage Case), XI TRIALS OF WAR CRIMINALS BEFORE THE NMT 1271 (“Acommanding general of occupied territory is charged with the duty of maintaining peace and order, punishing crime,and protecting lives and property within the area of his command. His responsibility is coextensive with his area ofcommand. He is charged with notice of occurrences taking place within that territory. He may require adequatereports of all occurrences that come within the scope of his power and, if such reports are incomplete or otherwiseinadequate, he is obliged to require supplementary reports to apprize him of all the pertinent facts. If he fails torequire and obtain complete information, the dereliction of duty rests upon him and he is in no position to plead hisown dereliction as a defense. … Want of knowledge of the contents of reports made to him is not a defense. Reportsto commanding generals are made for their special benefit. Any failure to acquaint themselves with the contents ofsuch reports, or a failure to require additional reports where inadequacy appears on their face, constitutes adereliction of duty which he cannot use in his own behalf.”).135 For example, Defense Legal Policy Board, Report of the Subcommittee on Military Justice in Combat Zones, 54(May 30, 2013) (“In 2009, USCENTCOM issued two fragmentary orders (FRAGOs) related to LOAC incidentreports and ‘legal reporting.’ USCENTCOM issued the FRAGOs because of perceived ‘lack of timely notificationsand spotty recurring reports.’ The FRAGOs established timeline requirements for reports and described theinformation expected to be included in LOAC reports. For example, the FRAGOs required reporting units withknowledge of a suspected LOAC violation to transmit information to USCENTCOM within two hours through theService component and operational chains of command, irrespective of accuracy or detail. Follow-up was alsorequired within 24-48 hours with expanded information. The FRAGOs also required formal and informalinvestigations to be forwarded to the USCENTCOM Staff Judge Advocate as soon as available and beforesubmission to organizations outside the USCENTCOM area of responsibility (AOR). The FRAGOs mandated thatinitial and subsequent reports contain the ‘5 W’s’ of the incident and additional, operationally relevant data.Further, the FRAGOs clarified the USCENTCOM requirement for weekly Judge Advocate activity reports, andmandated that ARCENT (Army Central) maintain a generic email address to receive LOAC reports.”).136 DOD DIRECTIVE 2311.01E, DoD Law of War Program, 3.2 (May 9, 2006, Certified Current as of Feb. 22, 2011)(“Reportable Incident. A possible, suspected, or alleged violation of the law of war, for which there is credibleinformation, or conduct during military operations other than war that would constitute a violation of the law of warif it occurred during an armed conflict.”); DOD DIRECTIVE 5100.77, DoD Law of War Program, 3.2 (Dec. 9, 1998)(“Reportable Incident. A possible, suspected, or alleged violation of the law of war.”).1082