5cjxburmr

18.19 DISCIPLINE IN NATIONAL JURISDICTIONS OF INDIVIDUALS FOR VIOLATIONS OF THE LAW OFWARIn most cases, individuals are disciplined in national jurisdictions for violations of the lawof war. Corrective action may take the form of adverse or corrective administrative actions.Punishment may take the form of non-judicial punishment or judicial actions in military orcivilian courts, depending on the circumstances. In some cases, prosecutions in national courtsare carried out by charging violations of domestic law, but in other cases, prosecutions arecarried out by charging violations of international law.18.19.1 Non-Judicial Punishment and Adverse or Corrective Administrative Actions. Insome cases, it may be appropriate to administer non-judicial punishment in order to punish andrepress violations of the law of war. Non-judicial punishment of members of the armed forces isauthorized under the Uniform Code of Military Justice. 226In some cases, it may be appropriate to take adverse or corrective administrative action torepress violations of the law of war. Adverse and corrective administrative action for membersof the armed forces is authorized by military regulations. 22718.19.2 Charging of Domestic Prosecutions as Violations of International Law orDomestic Law. In some cases, prosecutions in national courts for conduct constituting violationsof the law of war are carried out by charging violations of ordinary domestic law or military law,and in other cases, such prosecutions are carried out by charging violations of international law.For example, the murder of a POW may be prosecuted under the ordinary criminal statutesprohibiting murder. On the other hand, the same conduct may be prosecuted under specialcriminal statutes that are framed in terms of “war crimes.” 228The United States has no international law obligation to prosecute an offense as a “warcrime” as opposed to an ordinary criminal offense.Prosecutions in national courts remain domestic prosecutions for violations of domesticstatutes, even when those domestic statutes were enacted pursuant to treaty obligations or areframed in terms of violations of international law (e.g., war crimes).In general, prosecutions of war crimes as such (i.e., characterized as international lawviolations as opposed to violations of domestic law) have only been undertaken when a Stateseeks to punish enemy nationals or persons serving the interests of the enemy State. Whenadvantage sought, which is to stop current and deter future violations of the law by an adversary, must be weighedagainst the long range military and political consequences.”).226 10 U.S.C. § 815.227 See, e.g., MARINE CORPS ORDER P1900.16F, Change 2, Marine Corps Separation and Retirement Manual (Jun.6, 2007) (providing general and specific bases, and procedures for involuntary administrative separations);DEPARTMENT OF THE NAVY JUDGE ADVOCATE GENERAL INSTRUCTION 5800.7F, Manual of the Judge AdvocateGeneral, §§ 0102-0105 (Jun. 26, 2012) (providing regulations for non-punitive administrative measures).228 Refer to § 18.19.3.8 (War Crimes Act).1100