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members of a State’s armed forces or other personnel violate the law of war, that State generallyprosecutes those persons for offenses under ordinary domestic law or military law. 22918.19.3 U.S. Law That Can Be Used to Punish Violations of the Law of War. A numberof U.S. statutes may be used to punish acts that constitute violations of the law of war. Whenviolations of the law of war are committed within the United States, such acts usually constituteviolations of Federal and State law and generally may be prosecuted under ordinary criminalstatutes. However, a number of other Federal statutes may be used to prosecute conduct thatviolates the law of war, even though that conduct does not occur within the United States. Theapplication of any particular statute depends on the terms of that statute and the facts of aparticular case.18.19.3.1 Uniform Code of Military Justice Offenses. The principal way for theUnited States to punish members of the U.S. armed forces for violations of the law of war isthrough the Uniform Code of Military Justice.Certain persons may be tried for violations of the Uniform Code of Military Justice,including, among others:• members of a regular component of the U.S. armed forces;• POWs in the custody of the U.S. armed forces;• in time of declared war or contingency operations, persons serving with or accompanyingan armed force in the field; and• individuals belonging to one of the eight categories enumerated in Article 4 of the GPWwho violate the law of war. 230229 For example, GARY SOLIS, MARINES AND MILITARY LAW IN VIETNAM: TRIAL BY FIRE 32-33 (1989) (“NoMarine was charged with the commission of a war crime, as such, in Vietnam. Rather, any ‘violation of the law ofwar’ committed by a Marine against a Vietnamese was charged as a violation of the UCMJ. For example, themurder of a civilian noncombatant was charged as a violation of Article 118, murder, rather than as a war crime inviolation of the Geneva or Hague conventions.”); 1956 FM 27-10 (Change No. 1 1976) 507b (“The United Statesnormally punishes war crimes as such only if they are committed by enemy nationals or by persons serving theinterests of the enemy State. Violations of the law of war committed by persons subject to the military law of theUnited States will usually constitute violations of the Uniform Code of Military Justice and, if so, will be prosecutedunder that Code. Violations of the law of war committed within the United States by other persons will usuallyconstitute violations of federal or state criminal law and preferably will be prosecuted under such law (see pars. 505and 506).”); The Public Commission to Examine the Maritime Incident of 31 May 2010, et. al (The TurkelCommission), Second Report, Israel’s Mechanisms for Examining and Investigating Complaints and Claims ofViolations of the Laws of Armed Conflict According to International Law, 171 (Feb. 2013) (“As in the US, thecharging practice in Canada appears to be to prosecute violations of the law of armed conflict by members of thearmed forces as general criminal law offenses or military offenses under the Code of Service Discipline, rather thanas specific offenses relating to the law of armed conflict.”). Compare § 18.7.3 (Enforcement of Law of WarObligations Through Military Instructions, Regulations, and Procedures).230 10 U.S.C. § 802 (“(a) The following persons are subject to this chapter: (1) Members of a regular component ofthe armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers fromthe time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into1101

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