text: Chapter 8
  VIOLATIONS OF THE LAW OF ARMED CONFLICT
  8-10. For purposes of this publication, a violation of LOAC is an act or omission that contravenes a rule of
  international law applicable to the conduct of hostilities or the protection of war victims. Depending on the
  context, violations of the law of neutrality, jus ad bellum, or occupation law may also be considered to be
  violations of LOAC.
  STATE RESPONSIBILITY
  8-11. Each State Party to the 1949 Geneva Conventions is obligated “to respect and to ensure respect” for
  the Conventions “in all circumstances” (Common Article 1 of GWS, GWS Sea, GPW and GC). Although
  this provision does not reflect an obligation to ensure implementation of the conventions by other States or
  parties to a conflict, the United States, as a matter of policy, often seeks to promote adherence to LOAC by
  others (see DOD Law of War Manual, 18.1.2.1). Additionally, a State is responsible for ensuring that its
  armed forces and others acting on its behalf comply with LOAC (Hague IV art. 3; consider AP I art. 91).
  Compensation referred to in these references is a matter to be determined between States; compensation of
  individual victims is not an obligation of LOAC (see DOD Law of War Manual, 18.9, 18.16). Note that the
  ex gratia payments that commanders may be authorized to provide in accordance with DOD policy and
  domestic fiscal authorities are not payments that are required by LOAC. The obligation to ensure LOAC
  compliance applies even if the enemy fails to comply with LOAC.
  ENFORCEMENT
  8-12. International law authorizes an injured State to seek redress for violations of LOAC against it (see
  Hague IV art. 3; DOD Law of War Manual, 18.10). States are not limited solely to judicial redress and may
  avail themselves of the full panoply of enforcement mechanisms, including reprisals, reparation payments,
  diplomatic negotiations, arbitration, and voluntarily constituted claims commissions. Individuals may, in
  certain circumstances, also be prosecuted for LOAC violations, as discussed in greater detail below.
  WAR CRIMES
  8-13. For purposes of this publication, war crimes are serious violations of LOAC that are punishable by
  criminal sanctions. The definition of “war crimes” often depends on the legal purpose at issue, and different
  definitions of “war crimes” are used. Under the Geneva Conventions, States have a responsibility to search
  for and prosecute those alleged to have committed “grave breaches,” of the Conventions. In addition, the
  United States interprets the penal sanction provisions of the Geneva Conventions (see GC arts. 146, 147) in
  accordance with its longstanding practice. In order for commanders to exercise appropriate command
  supervision, prompt reporting and investigation of alleged war crimes and other LOAC violations are
  essential. These other LOAC violations may not necessarily merit characterization as “war crimes,” but the
  conduct may still be subject to criminal prosecution under U.S. law. In addition to obligations with respect
  to grave breaches, the United States is responsible for taking all measures necessary to suppress other
  violations of the Geneva Conventions (see, for example, GC art. 146).
  WAR CRIMES IN INTERNATIONAL ARMED CONFLICTS
  8-14. Historically, war crimes generally included all crimes that were punishable during armed conflict (see
  DOD Law of War Manual, 18.9.5), regardless of whether the crimes were violations of LOAC. For example,
  espionage and other offenses committed by captured enemy personnel, that were not prohibited by LOAC
  but were punishable by a belligerent State were also characterized as “war crimes.” However, “war crimes”
  now generally refers to only serious violations of LOAC. For example, the War Crimes Act, 18 U.S.C. §
  2441, defines “war crime” to include certain serious LOAC violations.
  Grave Breaches of the Geneva Conventions
  8-15. To reflect the particular seriousness of some violations, the Geneva Conventions characterize certain
  breaches as “grave.” These include willful killing of protected persons; engaging in torture or inhuman
  treatment, such as biological experiments; willfully causing great suffering or serious injury to body or health;