text: War Crimes and Enforcement of the Law of Armed Conflict
  has yet to conduct an inquiry. The United States, which is not a party to AP I has not recognized the
  competence of this Commission.
  REPRISALS
  8-80. Reprisals are acts that are otherwise not permitted by LOAC in order to persuade a party to the
  conflict to cease violating LOAC. They are taken in response to a prior act in violation of LOAC that was
  committed by or is attributable to that party. This could include, for example, the use of weapons forbidden
  by the Hague Regulations to counter the use of the same weapons by an enemy on combatants who have not
  yet fallen into the hands of the enemy. Reprisals are extreme measures that are only adopted as a last resort
  to induce the party to desist from violations of LOAC.
  Conditions for Reprisals
  8-81. Customary international law permits reprisals, subject to certain conditions. Reprisals are highly
  restricted in treaty provisions (see paragraphs 8-87 and 8-88) and practical considerations may counsel
  against their use (see DOD Law of War Manual, 18.18.4). The conditions in paragraphs 8-82 to 8-86 are
  drawn from U.S. practice (see DOD Law of War Manual, Section 18.18).
  Careful Inquiry That Reprisals are Justified
  8-82. Reprisals shall be resorted to only after a careful inquiry into the facts to determine that the enemy has,
  in fact, violated the law (see DOD Law of War Manual, 18.18.2.). In many cases, whether a law of war rule
  has been violated will not be apparent to the opposing side or outside observers.
  Proportionality in Reprisal
  8-83. To be legal, reprisals must respond in a proportionate manner to the preceding illegal act by the party
  against which they are taken. Identical reprisals are the easiest to justify as proportionate, because subjective
  comparisons are not involved. However, the acts resorted to by way of reprisal need not be identical nor of
  the same type as the violations committed by the enemy. A reprisal should not be unreasonable or excessive
  compared to the enemy’s violation (for example, considering the death, injury, damage, or destruction that
  the enemy’s violation caused).
  Exhaustion of Other Means of Securing Compliance
  8-84. Before resorting to reprisals, a party must consider other means of securing compliance with LOAC.
  Other means of securing compliance should be exhausted before resorting to reprisals. For example, the
  enemy should normally be warned in advance of the specific conduct that may be subject to reprisal and
  given an opportunity to cease it unlawful acts. Leaders should consider whether reprisals will lead to
  retaliation rather than compliance. In certain situations, the enemy may be more likely to be persuaded to
  comply by a steady adherence to LOAC by U.S. forces.
  Who May Authorize
  8-85. Individual service members may not take reprisal action on their own initiative. That authority is
  retained at the national level (see DOD Law of War Manual, 18.18.2.3). Commanders who believe a reprisal
  is warranted should report the enemy’s violation promptly through command channels in accordance with
  DODD 2311.01E, as well as any proposal for reprisal action.
  Public Announcement of Reprisals
  8-86. In order to fulfill their purpose of dissuading further illegal conduct, reprisals must be made public and
  announced as such to the offending party.
  Treaty Limitations on Reprisal
  8-87. Certain treaties limit the individuals and objects against which reprisals may be directed. The following
  categories are protected from reprisals: