text: Chapter 8
  War Crimes and Enforcement of the Law of Armed Conflict
  This chapter addresses war crimes and enforcement of LOAC from a U.S. perspective,
  largely by specifying how U.S. law authorizes criminal prosecution of conduct that
  also constitutes LOAC violations. Thus, this chapter discusses violations of LOAC
  generally, what constitutes war crimes, criminal prosecution of war crimes, and
  remedies available in response to LOAC violations.
  PRACTICAL GUIDANCE FOR COMMANDERS AND SOLDIERS OR
  MARINES
  8-1. Commanders must exercise leadership to ensure that the forces under their command comply with
  LOAC. In addition to being legally required, compliance with LOAC: reinforces military effectiveness;
  helps maintain public support and political legitimacy; and can encourage reciprocal adherence by the
  adversary or adherence by adversaries in future conflicts (see DOD Law of War Manual, 18.2). As a matter
  of policy, commanders should encourage allies and partners to comply with LOAC.
  8-2. Commanders have a duty to take appropriate measures as are within their power to control the forces
  under their command for the prevention of violations of LOAC (DOD Law of War Manual, 18.4).
  Appropriate measures may include: training subordinates, issuing command guidance or procedures;
  investigating allegations or incidents; instituting administrative or disciplinary action; and taking other
  appropriate corrective action.
  8-3. Commanders must report “Reportable Incidents” (defined as possible, alleged or suspected violations
  of LOAC) (see DODD 2311.01E), including Reportable Incidents committed by enemy personnel or by
  personnel belonging to allied or partner forces (see DODD 2311.01E).
  8-4. Commanders may need to direct the investigations of allegations or to refer matters to investigatory
  authorities in accordance with DOD procedures, such as procedures applicable to a command-directed
  investigation (for example, Army Regulation 15-6) or to an investigation by a military criminal investigative
  service (for example, Army Regulation 195-2).
  8-5. Commanders should take appropriate action with regard to Reportable Incidents of LOAC in
  accordance with the UCMJ and the Manual for Courts-Martial. Under international law, commanders must
  consider whether disciplinary action is warranted in the case of serious violations of LOAC, but there is no
  absolute or automatic requirement under international law to punish particular offenders within their armed
  forces in a specific way. Commanders have discretion about how to implement and enforce LOAC in
  accordance with U.S. domestic law and applicable DOD procedures.
  8-6. All Soldiers and Marines must: (1) comply with LOAC in good faith; and (2) refuse to comply with
  clearly illegal orders to commit violations of LOAC (see DOD Law of War Manual, 18.3).
  8-7. When appropriate, Soldiers and Marines should ask questions through appropriate channels and
  consult with the command legal adviser on issues relating to LOAC (see DOD Law of War Manual, 18.3.1.2).
  8-8. Soldiers and Marines should adhere to regulations, procedures, and training, as these policies and
  doctrinal materials have been reviewed for consistency with LOAC (see DOD Law of War Manual, 18.3.1.2,
  18.6.2).
  8-9. Commands and orders should not be understood as implicitly authorizing violations of LOAC where
  other interpretations are reasonably available (see DOD Law of War Manual, 18.3.2.2).