Enforcing Law of War Rules

Enforcing Law of War Rules & Reporting

Who Must Comply

All Department of Defense personnel — including contractors when assigned to or accompanying deployed armed forces.

Compliance is required during all armed conflicts and military operations.

Law of War and Military Doctrine

Law of war principles are consistent with military doctrine for a profession of arms. Following doctrinal guidance reinforces compliance:

Accuracy of targeting
Concentration of effort
Maximization of military advantage
Conservation of resources
Avoidance of excessive collateral damage
Economy of force

Duty to Refuse Illegal Orders

Critical Duty

Each member has a duty to comply with the law of war — including refusing to comply with clearly illegal orders to commit law of war violations.

Prosecution of Violations

Violations may be prosecuted by: - Courts-martial under the UCMJ - International military tribunal

Reporting Violations

DoD personnel who suspect or have information of a potential violation — committed by or against U.S. personnel, enemy personnel, or any other individual — shall promptly report the violation.

Report to: Immediate commander or proper authority.

Includes violations by: - The enemy - Allies - U.S. Armed Forces - Others

Special Reporting Cases

If the allegation involves a U.S. commander: Report to the next higher U.S. command authority.

Particular circumstances may require reporting to: - Nearest judge advocate - Inspector general - Special agent in the Office of Special Investigations (OSI) - A security forces member