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Services have regulations for the conduct of both formal and informal administrativeinvestigations. 142In addition, DoD policy has required that higher authorities receiving an initial reportrequest a formal investigation by the cognizant military criminal investigative organization. 14318.14 INTERNATIONAL MECHANISMS TO INVESTIGATE ALLEGED LAW OF WAR VIOLATIONSIn some cases, international mechanisms, such as commissions of inquiry, may be used toinvestigate alleged law of war violations. Commissions of inquiry might be established bytreaty. 144 Commissions of inquiry might also be established by the U.N. Security Council. 14518.14.1 Inquiry Procedure in the 1949 Geneva Conventions. At the request of a party tothe conflict, an inquiry shall be instituted, in a manner to be decided between the interestedParties, concerning any alleged violation of the 1949 Geneva Conventions. 146 If agreement hasnot been reached concerning the procedure for the inquiry, the Parties should agree on the choiceof an “umpire” who will decide upon the procedure to be followed. 147 Once the violation has142 See, e.g., DEPARTMENT OF THE NAVY JUDGE ADVOCATE GENERAL INSTRUCTION 5800.7D, Manual of the JudgeAdvocate General (JAGMAN), Chapter II (Mar. 15, 2004); DEPARTMENT OF THE ARMY REGULATION 15-6,Procedures for Investigating Officers and Boards of Officers (Nov. 2, 2006).143 DOD DIRECTIVE 2311.01E, DoD Law of War Program, 6.4 (May 9, 2006, Certified Current as of Feb. 22,2011). Such organizations include U.S. Army Criminal Investigation Command (USACIDC/CID), Air ForceSpecial Investigations Command (AFOSI/OSI), or the Naval Criminal Investigative Service (NCIS).144 For example, Treaty for the Settlement of disputes that may occur between the United States of America andChile, art. 1, Jul. 24, 1914, 39 STAT. 1645, 1646 (“The High Contracting Parties agree that all disputes that mayarise in the future between them, shall, when diplomatic methods of adjustment have failed, be submitted forinvestigation and report to an International Commission to be constituted in the manner prescribed in the nextsucceeding article; and they agree not to declare war or begin hostilities during such investigation, nor before allresources stipulated in this treaty have proved unsuccessful.”); Convention for the Pacific Settlement of InternationalDisputes, art. 9, Oct. 18, 1907, 36 STAT. 2199, 2214 (“In disputes of an international nature involving neither honournor vital interests, and arising from a difference of opinion on points of fact, the Contracting Powers deem itexpedient and desirable that the parties who have not been able to come to an agreement by means of diplomacy,should, as far as circumstances allow, institute an International Commission of Inquiry, to facilitate a solution ofthese disputes by elucidating the facts by means of an impartial and conscientious investigation.”); Convention forthe Pacific Settlement of International Disputes, art. 9, Jul. 29, 1899, 32 STAT. 1779, 1787 (“In differences of aninternational nature involving neither honour nor vital interests, and arising from a difference of opinion on points offact, the Signatory Powers recommend that the parties, who have not been able to come to an agreement by meansof diplomacy, should as far as circumstances allow, institute an International Commission of Inquiry, to facilitate asolution of these differences by elucidating the facts by means of an impartial and conscientious investigation.”).145 Refer to § 18.12.1 (Investigation by the U.N. Security Council Under the Charter of the United Nations).146 GWS art. 52 (“At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decidedbetween the interested Parties, concerning any alleged violation of the Convention.”); GWS-SEA art. 53 (same);GPW art. 132 (same); GC art. 149 (same).147 GWS art. 52 (“If agreement has not been reached concerning the procedure for the enquiry, the Parties shouldagree on the choice of an umpire who will decide upon the procedure to be followed.”); GWS-SEA art. 53 (same);GPW art. 132 (same); GC art. 149 (same).1084

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