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perform. 302 On the other hand, as a general matter, the fact that criminal acts have beencommitted by opposing armed forces does not constitute a defense to criminal liability. Inaddition, as a general matter, the fact that members of its armed forces have committed aviolation does not preclude a State from punishing captured members of opposing armed forcesfor such violations. 303 Similarly, the authority of a State to punish its own citizens, inaccordance with municipal criminal law, for violations of international law is not affected by thisrule. 30418.21.3 Fundamental Fairness Requirements.18.21.3.1 Fair Trial Requirements. Any person charged with a crime underinternational law has the right to a fair trial on the facts and law. 305In all circumstances, persons who are accused of grave breaches of the 1949 GenevaConventions shall benefit from safeguards of proper trial and defense, which shall not be lessfavorable than those provided by Article 105 and those following of the GPW. 306 In addition,other fundamental fair trial guarantees should be afforded. 30718.21.3.2 Punishment of Violations of the Law of War. The punishment of warcrimes may vary according to the particular forum in which the prosecution is brought. Forexample, what punishments are authorized may depend on a State’s domestic law or the statute302 United States, et al. v. Göring, et al., Judgment, I TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THE IMT 313(“In view of all of the facts proved, and in particular of an order of the British Admiralty announced on 8 May 1940,according to which all vessels should be sunk at night in the Skagerrak, and the answer to interrogatories by AdmiralNimitz that unrestricted submarine warfare was carried on in the Pacific Ocean by the United States from the firstday that nation entered the war, the sentence of Donitz is not assessed on the ground of his breaches of theinternational law of submarine warfare.”).303 See United States v. von Leeb, et al. (The High Command Case), XI TRIALS OF WAR CRIMINALS BEFORE THENMT 482 (“Under general principles of law, an accused does not exculpate himself from a crime by showing thatanother committed a similar crime, either before or after the alleged commission of the crime by the accused.”).304 Sentence of the Bundesgerichtshof of Sept. 30, 1960, reprinted in FRITS KALSHOVEN, BELLIGERENT REPRISALS365 footnote 15 (2005) (citing 32 International Law Reports 564) (“The rule of ‘tu quoque’ merely means that noState may accuse another State of violations of international law and exercise criminal jurisdiction over the latter’scitizens in respect of such violations if it is itself guilty of similar violations against the other State or its allies. Theright and duty of a State to hold its own citizens responsible, in accordance with municipal criminal law, forviolations of international law is not affected by this rule.”).305 U.N. International Law Commission, Principles of International Law Recognized in the Charter of the NürnbergTribunal and in the Judgment of the Tribunal, in Report of the International Law Commission on its Second Session,5 June to 29 July 1950, (Document A/1316), reprinted in II YEARBOOK OF INTERNATIONAL LAW COMMISSION 1950,374, 375 U.N. Doc. A/CN. 4/SER.A/1950/Add. 1 (Jun. 6, 1957) (“PRINCIPLE V Any person charged with a crimeunder international law has the right to a fair trial on the facts and law.”).306 GWS art. 49 (“In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence,which shall not be less favourable than those provided by Article 105 and those following of the Geneva Conventionrelative to the Treatment of Prisoners of War of August 12, 1949.”); GWS-SEA art. 50 (same); GC art. 146 (same);GPW art. 129 (“In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence,which shall not be less favourable than those provided by Article 105 and those following of the presentConvention.”). Refer to § 9.28.4 (Rights of Defense and Trial Procedure).307 Refer to § 8.16 (Criminal Procedure and Punishment).1117