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member of the U.S. Armed Forces, whether inside or outside the United States. 259statute, an individual may be prosecuted for conduct:Under this• defined as a grave breach in any of the 1949 Geneva Conventions, or any protocol tosuch convention to which the United States is a Party;• prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV,Respecting the Laws and Customs of War on Land, signed 18 October 1907;• that constitutes a grave breach of common Article 3 (as defined in the statute) whencommitted in the context of and in association with an armed conflict not of aninternational character; or• of a person who, in relation to an armed conflict and contrary to the provisions of theCCW Amended Mines Protocol, when the United States is a Party to such Protocol,willfully kills or causes serious injury to civilians. 26018.19.4 U.S. Domestic Law and Policy on Military Jurisdiction.18.19.4.1 Limits on Military Jurisdiction Over U.S. Citizens Who Are NotMembers of the Armed Forces. As a matter of U.S. domestic law, the U.S. Constitution placescertain limits on the use of military tribunals to punish U.S. citizens who are not members of thearmed forces. 261 DoD policy addresses the use of the Uniform Code of Military Justice to trycivilians serving with or accompanying the U.S. armed forces. 262 Such law and policy maydictate the forum for prosecution. For example, a person who has been discharged from the U.S.armed forces and is no longer subject to the Uniform Code of Military Justice would be259 18 U.S.C. § 2441 (“(a) Offense.— Whoever, whether inside or outside the United States, commits a war crime, inany of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any termof years, or both, and if death results to the victim, shall also be subject to the penalty of death. (b)Circumstances.— The circumstances referred to in subsection (a) are that the person committing such war crime orthe victim of such war crime is a member of the Armed Forces of the United States or a national of the United States(as defined in section 101 of the Immigration and Nationality Act).”).260 18 U.S.C. § 2441(c) (“c) Definition.— As used in this section the term “war crime” means any conduct— (1)defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocolto such convention to which the United States is a party; (2) prohibited by Article 23, 25, 27, or 28 of the Annex tothe Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907; (3) whichconstitutes a grave breach of common Article 3 (as defined in subsection (d)) when committed in the context of andin association with an armed conflict not of an international character; or (4) of a person who, in relation to an armedconflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May 1996), when theUnited States is a party to such Protocol, willfully kills or causes serious injury to civilians.”).261 See, e.g., Reid v. Covert, 354 U.S. 1 (1956); Toth v. Quarles. 350 U.S. 11 (1955); Duncan v. Kahanamoku, 327U.S. 304 (1946); Ex parte Milligan, 71 U.S. 2 (1866).262 See, e.g., Robert Gates, Secretary of Defense, Memorandum re: UCMJ Jurisdiction Over DoD CivilianEmployees, DoD Contractor Personnel, and Other Persons Serving With or Accompanying the Armed ForcesOverseas During Declared War and in Contingency Operations (Mar. 10, 2008 incorporating Change 1 Sept. 23,2010).1107