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This provision may also be used to prosecute conduct that violates the law of war.However, the preemption doctrine prohibits application of this provision to conduct alreadycovered by specific offenses in the Uniform Code of Military Justice. 23718.19.3.3 U.S. General Court-Martial Jurisdiction to Try and Punish PersonsUnder the Law of War. Under the Uniform Code of Military Justice, general courts-martial alsohave jurisdiction to try any person who by the law of war is subject to trial by a military tribunaland may adjudge any punishment permitted by the law of war. 238 For example, this authoritycould be used to try enemy combatants for violations of the law of war, because such trials arepermitted by the law of war.18.19.3.4 Title 18 Federal Crimes Punishing Conduct Outside the United States.Certain Federal statutes specify that they apply to conduct outside the United States and could beused to prosecute conduct that, in some circumstances, would constitute a violation of the law ofwar. These statutes may specify in detail the circumstances in which they authorize prosecution,which may vary from statute to statute.These statutes include provisions prohibiting:• torture; 239• genocide; 240• murder or manslaughter of foreign officials, official guests, or internationally protectedpersons; 241• piracy; 242• acts of terrorism and material support to terrorists; 243237 MANUAL FOR COURTS-MARTIAL IV-102 (60.c.(5)(a)) (2012) (“The preemption doctrine prohibits application ofArticle 134 to conduct covered by Articles 80 through 132. For example, larceny is covered in Article 121, and if anelement of that offense is lacking—for example, intent— there can be no larceny or larceny-type offense, eitherunder Article 121 or, because of preemption, under Article 134. Article 134 cannot be used to create a new kind oflarceny offense, one without the required intent, where Congress has already set the minimum requirements for suchan offense in Article 121.”).238 10 U.S.C. § 818 (“General courts-martial also have jurisdiction to try any person who by the law of war is subjectto trial by a military tribunal and may adjudge any punishment permitted by the law of war.”).239 See 18 U.S.C. § 2340A(a) (“Whoever outside the United States commits or attempts to commit torture shall befined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conductprohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.”).240 18 U.S.C. § 1091.241 18 U.S.C. § 1116.242 18 U.S.C. § 1651 (“Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, andis afterwards brought into or found in the United States, shall be imprisoned for life.”).243 18 U.S.C. §§ 2332b, 2339A, 2339B.1103

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