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12.13.2 Violations of an Armistice by Individuals. A violation of the terms of anarmistice by private persons acting on their own initiative only entitles the injured party todemand the punishment of the offenders or, if necessary, compensation for the lossessustained. 21312.13.2.1 “Private Persons” Defined for the Purposes Article 41 of the Hague IVRegulations. A private person, in the sense of Article 41 of the Hague IV Regulations, refers toany person, including a member of the armed forces, who acts on his or her ownresponsibility. 21412.13.2.2 Effect of Violations of an Armistice by Individuals. Deliberate violationof the terms of an armistice by individuals is punishable as a war crime. Such violations byindividual members of the armed forces or subordinate officers do not justify denunciation of thearmistice unless they are proved to have been committed with the knowledge and actual or tacitconsent of their own government or commander. Consent may be inferred in the event of apersistent failure to punish such offenders. 21512.13.2.3 Violation of Armistice Agreements and POW Status. Violations of anarmistice agreement, like other pre-capture law of war violations, are not a basis for denying aperson POW status, if that person otherwise qualifies for POW status under the GPW. 21612.14 U.N. SECURITY COUNCIL CEASE-FIRESThe U.N. Security Council may call upon or demand that hostilities be ceased. 217 Inaddition, the U.N. Security Council may call upon or demand that members of the United213 HAGUE IV REG. art. 41 (“A violation of the terms of the armistice by private persons acting on their owninitiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation forthe losses sustained.”).214 1956 FM 27-10 (Change No. 1 1976) 494b (“A private individual, in the sense of the foregoing article, refers toany person, including a member of the armed forces, who acts on his own responsibility.”).215 1956 FM 27-10 (Change No. 1 1976) 494c (“Violation of the terms of an armistice by individuals is punishableas a war crime. Such violations by individual soldiers or subordinate officers do not justify denunciation of thearmistice unless they are proved to have been committed with the knowledge and actual or tacit consent of their owngovernment or commander. Consent may be inferred in the event of a persistent failure to punish such offenders.”).216 Refer to § 9.26.4 (Retention of Benefits of the GPW Even if Prosecuted for Pre-Capture Acts).217 For example, U.N. SECURITY COUNCIL RESOLUTION 1199, U.N. Doc S/RES/1199, 1 (Sept. 23, 1998) (“Actingunder Chapter VII of the Charter of the United Nations, 1. Demands that all parties, groups and individualsimmediately cease hostilities and maintain a ceasefire in Kosovo, Federal Republic of Yugoslavia, which wouldenhance the prospects for a meaningful dialogue between the authorities of the Federal Republic of Yugoslavia andthe Kosovo Albanian leadership and reduce the risks of a humanitarian catastrophe;”); U.N. SECURITY COUNCILRESOLUTION 338, U.N. Doc. S/RES/338 (Oct. 22, 1973) (“Calls upon all parties to the present fighting to cease allfiring and terminate all military activity immediately, no later than 12 hours after the moment of the adoption of thisdecision, in the positions they now occupy.”).858