text: Chapter 8
  * To enact any legislation necessary to provide effective penal sanctions for persons committing or
  ordering to be committed and of the grave breaches of the Geneva Conventions;
  * To search for persons alleged to have committed, or have ordered to be committed, grave breaches
  of the Geneva Conventions, and bring such persons regardless of their nationality, before its own
  courts;
  * To take measures necessary for the suppression of all acts contrary to the provisions of the 1949
  Geneva Conventions other than grave breaches;
  * To provide persons accused of violations of the Geneva Conventions the safeguards of a proper
  trial and defense (GWS art. 49; GWS Sea art. 50; GPW art. 129; GC art. 146); and
  * To pay compensation, when appropriate, for violations of LOAC for which the United States is
  responsible (see DOD Law of War Manual, 18.16).
  8-21. The United States has enacted domestic laws to help meet these obligations (see generally paragraphs
  8-22 to 8-56, “Reporting and Investigating LOAC Violations”). U.S. law provides general courts-martial
  with the requisite authority to try, convict, and punish individuals who commit conduct punishable under
  LOAC, including war crimes. In addition, the 1996 War Crimes Act establishes federal jurisdiction over
  certain war crimes when the alleged perpetrator or victim is a U.S. person or member of the U.S. Armed
  Forces.
  REPORTING AND INVESTIGATING LOAC VIOLATIONS
  8-22. DOD Directive 2311.01E, DOD Law of War Program, requires all military and U.S. civilian
  employees, contractors, and subcontractors assigned to or accompanying the Armed Forces to report LOAC
  violations (“reportable incidents” as defined by the Directive; see also para. 8-3, above) through their chain
  of command (contractors must report reportable incidents to the commander of the unit they are
  accompanying or the installation to which they are assigned or to the Combatant Commander) (DODD
  2311.01E). Such reports also may be made through other channels, such as the military police, a judge
  advocate, or an inspector general. A report to these other entities, however, must be forwarded to the
  recipient’s chain of command. A commander who obtains information about a reportable incident must
  immediately report the incident through the applicable operational chain of command. Department of
  Defense policy requires higher authorities receiving an initial report of any reportable incident to submit the
  report through command channels to the applicable combatant commander by the most expeditious means
  available (DODD 2311.01E).
  Reportable Incidents
  8-23. A “reportable incident” is defined as “a possible, suspected, or alleged violation of the law of war for
  which there is credible information, or conduct during military operations other than war that would
  constitute a violation of the law of war if it occurred during an armed conflict” (DODD 2311.01E para. 3.2;
  CJCSI 5810.01D para. 5b). Supplemental Service guidance provides for reporting of war crimes, or serious
  LOAC violations, as well as other “serious” incidents that may generate adverse publicity or have serious
  international consequences (see, for example, AR 190-45 para. 8-1; MCO 3300.4A, Enclosure 6). A
  commander need not determine that a potential violation occurred, but only that credible information merits
  further review of the incident. Commanders should consult with their assigned judge advocate for advice as
  to whether an alleged violation is a reportable incident.
  Investigations
  8-24. Department of Defense policy requires that reportable incidents be thoroughly investigated. Under
  DOD policy, commanders receiving an initial report of a reportable incident are also required to request a
  formal investigation by the appropriate military criminal investigative organization (“MCIO,” for example
  CID, Air Force Office of Special Investigations [OSI], or the Naval Criminal Investigative Service [NCIS]).
  If, in the course of the investigation, it is determined that U.S. persons are not involved in a reportable
  incident, any U.S. investigation continues only at the direction of the appropriate combatant commander.
  Even when U.S. personnel are not involved, reporting of the information through the chain of command may
  nevertheless be required by DODD 2311.01E.