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of an international criminal tribunal. In addition, special rules address the punishment of POWsand protected persons. However, the following principles apply, as a matter of international law,to the punishment of violations of the law of war:• The punishment imposed for a violation of the law of war must be proportionate to thegravity of the offense.• The death penalty may be imposed for grave breaches of the law.• Corporal punishment is excluded.• Punishments should be deterrent, and in imposing a sentence of imprisonment it is notnecessary to take into consideration the end of the war, which does not of itself limit theimprisonment to be imposed. 30818.21.4 Limitations on the Trial and Punishment of Certain Classes of Persons.18.21.4.1 Limitations on the Trial and Punishment of POWs. The trial andpunishment of POWs must comport with the rules prescribed by the GPW. 30918.21.4.2 Limitations on the Trial and Punishment of Protected Persons. Thetrial and punishment of protected persons must comport with the rules prescribed by the GC. 31018.21.4.3 Limitations on the Trial and Punishment of Persons Entitled to thePrivileges of Combatant Status. As a matter of international law, persons who are entitled to theprivileges of combatant status have a certain legal immunity from the domestic law of foreignStates. 31118.22 PRINCIPLES OF INDIVIDUAL CRIMINAL RESPONSIBILITY FOR CRIMES UNDER INTERNATIONALLAWIndividual criminal responsibility exists for certain violations of the international law.18.22.1 Individual Criminal Responsibility for Acts Constituting Crimes UnderInternational Law. Any person who commits an act that constitutes a crime under international308 1956 FM 27-10 (Change No. 1 1976) 508 (“The punishment imposed for a violation of the law of war must beproportionate to the gravity of the offense. The death penalty may be imposed for grave breaches of the law.Corporal punishment is excluded. Punishments should be deterrent, and in imposing a sentence of imprisonment itis not necessary to take into consideration the end of the war, which does not of itself limit the imprisonment to beimposed.”).309 Refer to § 9.26 (General Principles Applicable to POW Discipline); § 9.28 (Judicial Proceedings andPunishment).310 Refer to § 10.27 (General Provisions Applicable to Both Judicial and Disciplinary Sanctions RegardingInternees); § 10.29 (Judicial Proceedings Regarding Protected Persons in Occupied Territory or Internees in aBelligerent’s Home Territory).311 Refer to § 4.4.3 (Combatants - Legal Immunity From a Foreign State’s Domestic Law).1118

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