text: Chapter 8
  who engage in conduct constituting criminal offenses shall be held accountable for their actions, as
  appropriate (DODI 5525.11).
  8-52. When an offense alleged to have been committed by a civilian that violates U.S. federal criminal law
  occurs, DOD policies may provide for notification of responsible DOJ authorities to afford DOJ the
  opportunity to pursue prosecution of the case in federal district court (Secretary of Defense Memorandum,
  “UCMJ Jurisdiction Over DoD Civilian Employees, DoD Contractor Personnel, and Other Persons Serving
  With or Accompanying the Armed Forces Overseas During Declared War and in Contingency Operations,”
  March 10, 2008). While the notification and decision process is pending, commanders and military criminal
  investigators should continue to take appropriate action to address the alleged crime. Commanders should
  also ensure that any preliminary military justice procedures that would be required in support of the exercise
  of UCMJ jurisdiction continue to be accomplished during the concurrent DOJ notification process.
  Commanders should be prepared to act, as appropriate, should possible U.S. federal criminal jurisdiction
  prove to be unavailable to address the alleged criminal behavior.
  U.S. Military Commissions
  8-53. In the past, military commissions have been used by the United States and other States to prosecute
  enemy belligerents for violations of the law of war and for acts of unprivileged belligerency. Military
  commissions have also been used for the trial of offenses under U.S. law where local courts were not open
  and functioning, such as when martial law applies, and for the trial of violations of occupation ordinances
  (DOD Law of War Manual, 18.19.3.7).
  8-54. Generally, courts-martial may be used in lieu of military commissions to try POWs in U.S. military
  custody (GPW art. 102; UCMJ art. 2(a)(9)). Military commissions are used to try others, including alien
  unprivileged belligerents, for LOAC violations and other offenses. Procedures for military commissions are
  similar to those for general courts-martial under the UCMJ (see, for example, 10 U.S.C. § 948b(c); Manual
  for Military Commissions (MMC)).
  8-55. Under the MCA, thirty-two substantive crimes are triable by military commission (10 U.S.C. § 950t).
  The jurisdiction of military commissions under the MCA is limited to individuals who are alien unprivileged
  enemy belligerents (10 U.S.C. §948c). The term “unprivileged enemy belligerent,” for purposes of the statute,
  means an individual (other than a privileged belligerent) who:
  * Has engaged in hostilities against the United States or its coalition partners;
  * Has purposefully and materially supported hostilities against the United States or its coalition
  partners; or
  * Was a part of al Qaeda at the time of the alleged offense under the MCA (10 U.S.C. § 948a(7))
  (compare to paragraph 1-64).
  8-56. Under the MCA, an individual subject to a military commission is entitled to fair trial guarantees,
  including defense counsel; notice of charges alleged; the exclusion of evidence obtained by torture or cruel,
  inhumane, or degrading treatment; protection against self-incrimination and the inappropriate admission of
  hearsay evidence; the right to be present at proceedings, offer evidence, and confront witnesses; and to
  protection against former jeopardy. Procedures for military commissions also address the treatment,
  admissibility, and discovery of classified information, limits on sentencing, the execution of confinement,
  and post-trial review procedures (10 U.S.C. §948q(b)- 950j).
  International Tribunals
  8-57. On a number of occasions since the beginning of the 20th century, war crimes, crimes against
  humanity, genocide, and crimes against peace were prosecuted by special international tribunals. These
  tribunals were established to address crimes committed during specific periods or in connection with specific
  conflicts. In general, these tribunals have applied international law, including the Geneva Conventions and
  their Additional Protocols, as well as the HRICR. The statute governing each tribunal typically stipulates the
  specific types of crimes addressed by the tribunal and the standards for culpability. The decisions of these
  tribunals do not bind the United States and its courts. Their decisions, however, provide useful examples of
  the application of international law. An example of a special international tribunal, created by Great Britain,
  France, the United States, and the Union of Soviet Socialist Republics, was the International Military