USMC

MCTP 11-10A
(Formerly MCRP 4-11.8B)

War Crimes

U.S. Marine Corps

DISTRIBUTION STATEMENT A: Approved for public release; distribution is unlimited.

PCN 147 000005 00

USMC
 DEPARTMENT OF THE NAVY
Headquarters United States Marine Corps
Washington, D.C. 20350-3000

4 April 2018

CHANGE 1 to MCTP 11-10A

War Crimes

1. This publication has been edited to ensure gender neutrality of

all applicable and appropriate terms, except those terms governed
by higher authority. No other content has been affected.

2. File this transmittal sheet in the front of this publication.

Reviewed and approved this date.

BY DIRECTION OF THE COMMANDANT OF THE
MARINE CORPS

ROBERT S. WALSH
Lieutenant General, U.S. Marine Corps
Deputy Commandant for Combat Development and Integration

Publication Control Numbers:

Publication: 147 000005 00
Change: 147 000005 01
 CD&I (C 116)

2 May 2016

ERRATUM

to

MCRP 4-11.8B

WAR CRIMES

1. Change all instances of MCRP 4-11.8B, War Crimes, to

MCTP 11-10A, War Crimes.

2. Change PCN 144 000046 00 to PCN 147 000005 00.

3. File this transmittal sheet in the front of this publication.

PCN 147 00005 80

 DEPARTMENT OF THE NAVY
Headquarters United States Marine Corps
Washington, DC 20380-1775
6 September 2005
FOREWORD
Throughout our Nation’s history, we have come to the rescue of
oppressed peoples. The Marine Corps, as an elite force, has been called
upon time and again to defeat the oppressors. While we Marines fight
swiftly and aggressively, we also conduct our military operations with
respect toward both the liberated people and the vanquished foe. Compli-
ance with the Law of War is not only required under the Uniform Code of
Military Justice (UCMJ), but is also absolutely essential to mission
accomplishment. Compliance encourages the civilian populace to cooper-
ate with the Marines and turn-in the foe. It also facilitates the surrender of
the enemy, by offering humane treatment rather than a continued fight for
a lost cause.
Just as importantly, compliance with the Law of War and the quick report-
ing of war crimes supports our Nation’s values and the purpose behind our
involvement in any conflict. To extend freedom, democracy, and the rule
of law, we must remain true to the Law of War, to include our interna-
tional law obligations. America is trusted by the world to do the right
thing, and so must be the United States Marines. Following the rules,
including the rules in warfare, must be a part of our warrior ethos. The
application of honor, courage, and commitment in the conduct of military
operations means: the honor to comply with the Laws of War, the courage
to report all violations, and the commitment to discipline the violators.
Marine Corps Reference Publication (MCRP) 4-11.8B, War Crimes,
identifies specific actions that violate the Law of War. It describes the
responsibility of every Marine, Sailor or civilian serving with or accom-
panying the Marine Corps to know and report all suspected, alleged or
known violations that are defined by Department of Defense Directive
(DODD) 5100.77, DOD Law of War Program, and Marine Corps Order
(MCO) 3300.4, Marine Corps Law of War Program. MCRP 4-11.8B
provides specific examples of actions taken by members of military orga-
nizations that have been considered violations of the Law of War.
The Law of War is detailed, but it is also easy to follow. The basic princi-
ples of the Law of War from MCO 3300.4 are taught to every Marine in
basic training:
 Marines fight only enemy combatants.
 Marines do not harm enemy soldiers who surrender. Marines disarm
enemy soldiers and turn them over to superiors.
 Marines do not torture or kill enemy prisoners of war or detainees.
 Marines collect and care for the wounded, whether friend or foe.
 Marines do not attack medical or religious personnel, facilities or
equipment.
 Marines destroy no more than the mission requires.
 Marines treat all civilians humanely.
 Marines do not steal; they respect private property and possessions.
 Marines do their best to prevent violations of the Law of War, and
report all violations to their superiors.

Marines will achieve victory on the battlefield in strict compliance with

the Law of War. There is nothing in the Law of War that puts Marines’
lives or the mission in jeopardy. Compliance facilitates victory and, at the
end of every struggle, Marines will know that they conducted themselves
in such a manner as to be judged as worthy successors of a long line of
Marines that has gone before them.
MCRP 4-11.8B supersedes MCRP 4-11.8B, War Crimes Investigation,
dated 22 June 1998.
Reviewed and approved this date.
BY DIRECTION OF THE COMMANDANT OF THE MARINE CORPS

J. N. MATTIS
Lieutenant General, U.S. Marine Corps
Deputy Commandant for Combat Development and Integration

Publication Control Number: 144 000046 00

DISTRIBUTION STATEMENT A: Approved for public release; dis-
tribution is unlimited.
War Crimes iii

TABLE OF CONTENTS

Page
War Crime Defined. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Law of War Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Law of War Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Categories of War Criminals. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Types of Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Jurisdiction, Statue of Limitations, and Punishment. . . . . . . . . . 5
Training and Leadership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Command Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Incident Reporting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Initial Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Notoriety of War Crimes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Special Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Contacts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Appendices
A. Identification of War Crimes . . . . . . . . . . . . . . . . . . . . . . 13
B. Glossary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
C. References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
War Crimes 1

WAR CRIME DEFINED

It has been the historic practice of the Military Services that a
member of the United States (US) military who commits an
offense that may be regarded as a “war crime” will be charged
under a specific article of the Uniform Code of Military Justice
(UCMJ). In the case of other persons subject to trial by general
courts-martial for violating the law of war (UCMJ, Article 18),
the charge shall be “Violation of the Law of War” rather than a
specific UCMJ article.
“War crimes” are defined in the War Crimes Act of 1996 (United
States Code [USC], Title 18, Section 2441) as “grave breaches”
as defined in the Geneva Conventions of 1949 and any Protocol
thereto to which the United States is a party; violations of Arti-
cles 23, 25, 27, and 28 of the Annex to Hague Convention IV;
violations of Common Article 3 of the Geneva Conventions of
1949 and any Protocol thereto to which the United States is a
party and deals with a noninternational armed conflict; and viola-
tions of provisions of the Protocol on Prohibitions or Restrictions
on the Use of Mines, Booby-Traps and Other Devices (Protocol
II as amended May, 1996) when the United States is a party to
such Protocol and the violation willfully kills or causes serious
injury to civilians.
US policy on application of the Law of War is stated in Depart-
ment of Defense Directive (DODD) 5100.77, DOD Law of War
Program, and further explained in Chairman of the Joint Chiefs
of Staff Instruction (CJCSI) 5810.01B, Implementation of the
DOD Law of War Program. “The US Armed Forces will com-
ply with the law of war during all armed conflicts and, unless
directed by competent authorities, will comply with the princi-
ples and spirit of the law of war during all other operations.” See
appendix A for examples of war crimes.
2 MCRP 4-11.8B

LAW OF WAR DEFINED

The law of war is “that part of international law that regulates the
conduct of armed hostilities. It is often called the law of armed
conflict.” The law of war encompasses all international law for
the conduct of hostilities binding on the United States or its indi-
vidual citizens, including treaties and international agreements to
which the United States is a party, and applicable customary
international law. For example, the Geneva Conventions of 1949
resulted in four agreements that protect wounded, sick, and ship-
wrecked members of armed forces; prisoners of war (POWs);
and civilians in times of war. The 1907 Hague Convention No.
IV, Respecting the Laws and Customs of War on Land, created
guidelines for the conduct of hostilities. Important principles,
such as military necessity and the prohibition against unneces-
sary suffering, can be found in Hague IV.

LAW OF WAR POLICY

US law of war obligations are national obligations, binding upon
every Soldier, Sailor, Airman or Marine. Department of Defense
(DOD) policy per DODD 5100.77 and CJCSI 5810.01B requires
that the US Armed Forces comply with the law of war during all
armed conflicts, however such conflicts are characterized, and,
unless otherwise directed by competent authorities, the US
Armed Forces will comply with the principles and spirit of the
law of war during all other operations.
War Crimes 3

CATEGORIES OF WAR CRIMINALS

Both military and civilian personnel may be categorized as war
criminals. While war crimes are most often associated with
members of the armed forces, civilians have been known to vio-
late the rights of individuals protected by both the Geneva and
Hague Conventions. An example of this is when a civilian
attacks or abuses an enemy prisoner of war (EPW) such as a
downed pilot. In this instance, the civilian has violated the law of
war and is guilty of a war crime. The fact that civilians are not
members of the military will not exempt them from prosecution
in an appropriate forum for law of war violations.

TYPES OF VIOLATIONS
A war crime is technically any violation of the law of war by any
person, military or civilian. However, investigators should pri-
marily concern themselves with violations that are serious in
nature (e.g., failing to provide POWs recreation and education
opportunities would probably not be prosecuted as a war crime)
and that have a nexus to armed conflict (e.g., Iraqi civilians loot-
ing other Iraqis would probably not be prosecuted as a war
crime, though they may be prosecuted in local courts).
The Geneva Conventions define serious violations against pro-
tected persons (e.g., POWs, civilians, wounded, sick and ship-
wrecked) during international armed conflict as “grave breaches.”
Grave breaches can include, but are not limited to, the following:
 Willful killing.
 Torture or inhumane treatment.
 Biological experiments.
 Willfully causing great suffering or serious injury.
4 MCRP 4-11.8B

 Taking hostages.
 Extensive destruction and appropriation of property not justi-
fied by military necessity.
 Compelling a protected person to serve in enemy armed forces.
 Willful deprivation of right to a fair and regular trial.
 Unlawful deportation, transfer or unlawful confinement.

Other law of war violations are called simple breaches. Simple

breaches include, but are not limited to, the following:
 Using poison or other forbidden arms or ammunition.
 Treacherous request for quarter.
 Maltreatment of dead bodies.
 Firing on undefended localities without military significance.
 Abuse of or firing on flag of truce.
 Misuse of Red Cross/crescent emblem.
 Use of civilian clothing by troops to conceal military character
during battle.
 Improper use of privileged buildings for military purposes.
 Poisoning wells or streams.
 Pillage or purposeless destruction.
 Compelling POWs to perform prohibited labor.
 Killing without trial spies or others who have committed hos-
tile acts.
 Compelling civilians to perform prohibited labor.
 Violation of surrender terms.

The designation of a violation of the law of war as a grave or sim-

ple breach is a term of art and is not intended to reflect the gravity
of the violation or the appropriate disciplinary forum. Parties to
the Geneva Conventions must take measures to suppress all war
crimes. Furthermore, with respect to grave breaches, parties must
enact legislation to provide effective penalties and to search for
and try persons suspected of committing or ordering a grave
War Crimes 5

breach, regardless of nationality. The US Government meets this

requirement through the UCMJ, and the USC, Title 18, Section
2441, War Crimes Act of 1996.

JURISDICTION, STATUTE OF LIMITATIONS,

AND PUNISHMENT

War crimes can be tried anywhere, any time. There is universal

jurisdiction, and no statute of limitations exists with respect to
war crimes.

Court-martial
Members of the US Armed Forces can be court-martialed under
specific UCMJ articles (e.g., Article 128 [Assault], Article 118
[Murder], Article 121 [Larceny]) and can be punished accord-
ingly. The UCMJ, Article 18, also authorizes the military to try
by general court-martial anyone subject to trial by a military tri-
bunal for law of war violations and to adjudge any punishment
permitted by the law of war. The law of war does not specify
particular punishments; however, punishment must be propor-
tionate to the gravity of the offense.

Federal Court
The War Crimes Act grants federal courts jurisdiction over any
person inside or outside the United States for war crimes where a
US national or Armed Forces member is accused or is a victim.
If the crime results in death to the victim, punishment can
include up to life imprisonment or death.
6 MCRP 4-11.8B

International Tribunal
War crimes may be prosecuted at an international tribunal that is
created by allies (e.g., Nuremberg and Tokyo) or created by a
United Nations (UN) Security Council Resolution (e.g., former
Yugoslavia and Rwanda). Punishment is as authorized by the cre-
ating entity.

Military Commissions during Occupation

In occupied areas, courts of the military government can exercise
military jurisdiction over individuals, other than members of the
occupying forces. Such courts preside in occupied territory and
exercise jurisdiction on a territorial basis. The penal laws and
punishment of the occupied territory generally remain in force.

Military Commissions under President of the US Order

The President’s Military Order of 13 November 2001 authorizes
military commissions at any time and place to try non-US
al Qaida, international terrorists (e.g., actors, aiders, abettors,
conspirators of acts against the United States) and their harbor-
ers. Punishment includes life imprisonment or death.

International Criminal Court

The International Criminal Court (ICC) can prosecute war crimes
referred by a state party, the UN Security Council or the indepen-
dent prosecutor. The United States is not a party to the ICC;
however, nonparty nationals can be prosecuted with the consent
of the suspect’s nation or consent of the nation where the crime
was committed. Punishment includes up to life imprisonment.
War Crimes 7

TRAINING AND LEADERSHIP

Marines are less likely to commit war crimes when they are
trained in the law of war, understand that anyone who commits
violations is a criminal and will be prosecuted, and realize that
compliance benefits mission accomplishment. Law of war com-
pliance not only prevents our most valuable asset (personnel)
from being jeopardized, but also may—
 Increase public and international support of the US military.
 Encourage reciprocal treatment by the enemy with respect to
US servicemembers who are held captive.
 Help end the conflict more quickly by minimizing hostilities.

Marine Corps Order (MCO) 3300.4, Marine Corps Law of War

Program, and Marine Administrative Message 182/04, Marine
Corps Law of War Program, set forth the law of war training
requirements for the Marine Corps. Commanders must become
familiar with these requirements and ensure their subordinates are
trained accordingly. Commanders must stress the importance of
law of war compliance and impose on subordinates an expectation
that they will not commit violations. An explicit stigma against
such activity, coupled with a vigilant awareness of factors that con-
tribute to the commission of war crimes, can minimize the poten-
tial for subordinates to engage in such activity.
Historically, a number of factors have been found to lead to the
commission of war crimes. Effective training and leadership
operate to eliminate some of these factors as follows:
 High friendly losses.
 High turnover rate in the chain of command.
 Dehumanization of the enemy or use of derogatory names or
epithets.
8 MCRP 4-11.8B

 Poorly trained or inexperienced troops.

 Poor small unit discipline standards.
 The lack of a clearly defined enemy.
 Unclear orders.
 High frustration level among the troops.

COMMAND RESPONSIBILITY
Commanders are responsible for training their subordinates on
the law of war and for reporting and investigating reportable
incidents, as well as preventing and correcting violations. Addi-
tionally, under the UCMJ, commanders are legally responsible
for violations committed by subordinates if any one of the fol-
lowing three circumstances apply:
 The commander ordered the commission of the act.
 The commander knew of the act, either before or during its
commission, and did nothing to prevent or stop it.
 The commander should have known “through reports received
by him or through other means, that troops or other persons sub-
ject to his control [were] about to commit or [had] committed a
war crime and he fail[ed] to take the necessary and reasonable
steps to insure compliance with the law of war or to punish viola-
tors thereof.” (Field Manual 27-10, The Law of Land Warfare.)

Note: In international tribunals, commanders have been held

personally responsible for violations committed by subordinates
if the commander ordered the commission of the act or if the
commander knew or should have known of the act either before
or during its commission and did nothing to prevent or stop it.
War Crimes 9

INCIDENT REPORTING
A “reportable incident” is a possible, suspected or alleged viola-
tion of the law of war. Per DODD 5100.77; CJCSI 5810.01B;
and Secretary of the Navy Instruction (SECNAVINST) 3300.1A,
Law of Armed Conflict (Law of War) Program to Insure Compli-
ance by the Naval Establishment; or their current editions, it is
DOD, joint, and Department of the Navy policy that:
 The law of war obligations of the United States are observed
and enforced by DOD components.
 All “reportable incidents” committed by or against members
of, or persons serving with or accompanying the US Armed
Forces, must be promptly reported, thoroughly investigated,
and, where appropriate, remedied by corrective action.
 All “reportable incidents” committed by or against allied mili-
tary or civilian personnel or by or against other persons during
a conflict, to which the United States is not a party, will be
reported through appropriate command channels for ultimate
transmission to appropriate US agencies, allied governments
or other appropriate authorities. Once it has been determined
that US persons are not involved in a reportable incident, an
additional US investigation shall be continued only at the dis-
cretion of the appropriate combatant commander. On-scene
commanders shall ensure that measures are taken to preserve
evidence of reportable incidents pending turnover to US, allied
or other appropriate authorities.

Consistent with DODD 5100.77 and SECNAVINST 3300.1A or

their current editions, all Marines, Sailors, and civilian person-
nel serving with or accompanying the Marine Corps who have
knowledge of, or receive a report of an apparent “reportable
10 MCRP 4-11.8B

incident,” will comply with the requirements set out below. As

soon as practical:
 Inform the immediate commander of the matter.
 Make the matter known to an officer (normally in the chain of
command) senior to the immediate commander if the member
has an honest and reasonable belief that the immediate com-
mander is, or may be, involved in violating or concealing a
violation of the law of war.
 In circumstances making other means of reporting impractical,
report the matter to a chaplain, judge advocate or military
police investigator who shall then report the matter as directed
in MCO 3300.4.

INITIAL REPORT
The commander of any unit that obtains information about a
reportable incident will:
 Take immediate action to mitigate or correct the harm.
 Report the matter promptly through command channels, to
higher authority.
 As soon as practical, report the matter to the nearest military
police investigator.
 If practical, secure the scene of the possible law of war viola-
tion so that evidence may be preserved and collected.

Higher authorities receiving an initial report will:

 Report the incident by the most expeditious means to the
responsible combatant commander. Absent other applicable
directives, commanders will normally report “reportable inci-
dents” by means of an operational report-3 (MCO 5740.2F,
War Crimes 11

OPREP-3SIR: Serious Incident Reports). The Commandant of

the Marine Corps (CMC) (Deputy Commandant for Plans,
Policies, and Operations, Operations Division/Security Divi-
sion; Inspector General of the Marine Corps; and Staff Judge
Advocate to CMC, International and Operational Law Branch)
will be designated as information addressees on all reports of
“reportable incidents.”
 Request a formal investigation by the cognizant military inves-
tigation authority.

NOTORIETY OF WAR CRIMES

Due to the notoriety associated with war crimes, it is especially
important for an investigator to perform a diligent investigation.
While having a Marine identified as a suspect in a war crimes
investigation brings discredit upon the United States Marine
Corps (USMC), a deficient investigation would only add to the
adverse publicity. It is far better if a thorough investigation is con-
ducted and the appropriate disciplinary action carried out than for
an alleged war crime to be perceived as being covered up. Inade-
quate investigations could lead to accusations of a cover up of the
alleged war crime, which then could seriously undermine public
support for military operations.

SPECIAL CONSIDERATIONS
The investigation of an alleged war crime should be treated like
any other criminal investigation. However, three specific consid-
erations should be taken into account:
 The need for interpreters.
12 MCRP 4-11.8B

 An armed guard force to assure personal security and protec-

tion of witnesses and evidence.
 The Rome Statute of the ICC.

The Rome Statute of the ICC is a treaty that went into effect
1 July 2002 without US support. The ICC claims jurisdiction
over genocide, crimes against humanity, war crimes, and crimes
of aggression. The ICC poses a concern to Marines deploying to
ICC-party nations, as ICC parties may attempt to turn Marines
over to the ICC for prosecution. To counter these novel provi-
sions, the United States is negotiating Article 98 Agreements,
under which countries agree not to turn over US personnel with-
out US consent. Furthermore, commands should not turn cus-
tody of Marines over to foreign officials without approval from
appropriate higher authority.

CONTACTS
If you have any questions concerning war crimes, contact the
Security and Law Enforcement Branch at Headquarters, USMC.
The mailing address and telephone numbers are as follows:
COMMANDANT OF THE MARINE CORPS (PS)
Security and Law Enforcement Branch
Security Division
Headquarters, US Marine Corps
Washington, DC 20380-1775
Commercial: (703) 614-4177, 614-1068
DSN: 224-4177, 224-1068
War Crimes 13

APPENDIX A
IDENTIFICATION OF WAR CRIMES
Note: Some of the examples are followed by a list of UCMJ ar-
ticles that may be charged in addition to Articles 92 and 134.

The willful killing, torture or inhumane treatment of indi-

viduals protected by the Geneva Conventions.

Individuals protected from willful killing, torture or inhumane

treatment include—
 EPWs.
 Medical and religious personnel.
 Sick, wounded, and shipwrecked combatants (also includes
crews from disabled aircraft).
 Civilian internees, refugees, and other civilians under a mili-
tary organization’s control.

Inhumane treatment includes willfully causing great suffering or

serious injury to body or health. Inhumane treatment may be as
serious as beatings, but it may also take the form of systemati-
cally ignoring or neglecting the needs (shelter, clothing, food,
water, and medical attention) of detainees (EPWs and interned
civilians) who are entitled to certain protections under the
Geneva Conventions.
An example of inhumane treatment is ordering EPWs to turn
over to their captors their rations, boots, winter coat, first-aid kit,
and shelter when the EPW still needs these items.
14 MCRP 4-11.8B

Article 93 Cruelty and Maltreatment

Article 118 Murder
Article 119 Manslaughter
Article 120 Rape and Carnal Knowledge
Article 122 Robbery
Article 124 Maiming
Article 128 Assault
Article 134 General Article (indecent assault,
negligent homicide)

Note: Article 134 addresses offenses that involve disorders

and neglects to the prejudice of good order and discipline in
the Armed Forces, bring discredit upon the Armed Forces,
or involve noncapital crimes or offenses that violate Feder-
al law.

The unlawful and wanton destruction or illegal taking (con-

fiscation or stealing) of property (e.g., medical, religious,
educational, scientific, and cultural property) that is pro-
tected by the Geneva and Hague Conventions.

This law of war violation also includes private property that has
no military value (e.g., looting private homes is prohibited) and
the personal property of EPWs. EPWs must be allowed to retain
possession of their personal property, protective gear, valuables,
and money, subject to valid security concerns, such as protection
from theft and violence. Personal items must not be taken unless
properly receipted for and recorded as required by Geneva Con-
ventions Relative to the Treatment of Prisoners of War (GPW),
12 August 1949, Article 18. USC, Title 10, Section 2579, War
Booty: Procedures for Handling and Retaining Battlefield
War Crimes 15

Objects, and Section 7216, Collection, Preservation and Display

of Captured Flags, set forth procedures for the handling and
retaining of battlefield objects and flags and mandate that all
enemy material and flags captured or found abandoned shall be
turned in to appropriate personnel, except in accordance with
regulations issued by the Secretary of Defense.

Article 99 Misbehavior Before the Enemy

Article 103 Captured or Abandoned Property
Article 109 Property Other than Military
Property of US—Waste, Spoilage,
or Destruction
Article 121 Larceny and Wrongful Appropri-
ation
Article 122 Robbery

Forcing an EPW or alien civilian to serve in your own forces

or to act as a guide for these forces.

Willfully depriving an EPW or a civilian who is in custody

of the due process right to a fair and regular trial for
allegedly committed offenses.
This rule prohibits, among other things, summary executions in
the field for alleged misconduct or spying.

Unlawful deportation, transfer or confinement of civilians

under the control of a military force or government.

For example, when hostilities broke out in Kuwait, US or allied

civilians in Kuwait were illegally transferred to Iraq and con-
fined there by the Iraqi government.
16 MCRP 4-11.8B

Taking of civilians as hostages.

Using poison, bacteriological agents, and other weapons

determined by higher authority to be illegal because they
are calculated to cause unnecessary suffering.

Article 124 Maiming

The mistreatment, abuse, neglect or collective punishment

of EPWs (including religious and medical personnel) or
civilians in the custody of US Armed Forces.

Mistreatment can include acts of intimidation, insults or ridicule

toward an EPW. This type of misconduct may take the form of a
Marine posing for a photograph of himself/herself holding a gun
to the head of a blindfolded EPW.

Article 93 Cruelty and Maltreatment

Article 128 Assault

Refusing quarter (the opportunity to surrender) unless bad

faith is reasonably suspected.

Marines do not have to stop in the middle of a firefight to

accept someone’s surrender, nor are they obligated to put them-
selves at risk to accept surrender. However, Marines may not
War Crimes 17

refuse to accept a surrender if they have the means to safely

accept the surrender.

Giving a treacherous (false) request for quarter or misuse

of a flag of truce (white flag).

This example of a war crime covers the situation in which a

Marine tricks the enemy into believing that the Marine wishes to
surrender or negotiate a truce to take advantage of the enemy.

Misusing the Red Cross insignia or other protective emblems.

In most Moslem nations, the protective emblem for medical ser-

vice personnel and equipment is the Red Crescent. In addition to
the Red Cross or Red Crescent, there are also protective
emblems for religious and cultural buildings. Buildings and ships
holding EPWs or civilian internees are required to display the
emblems PW (which identifies them as POW camps) or IC
(which identifies them as an internment camps) to indicate that
they should not be targeted.
Placing a red cross or any other protective emblem on a building
to trick the enemy into believing that the facility is a hospital,
POW camp or internment camp is against the law of war.

Firing on a flag of truce (white flag).

Violating surrender or truce terms.

Attacking the enemy without justification during a truce or a ces-

sation in hostilities is against the law of war.
18 MCRP 4-11.8B

Pillaging or purposeless destruction of property.

Article 99 Misbehavior Before the Enemy

(quitting place of duty to plunder
or pillage)
Article 103 Captured or Abandoned Property
(dealing in, looting, or pillaging)
Article 109 Property Other than Military
Property of US—Waste, Spoilage,
or Destruction
Article 121 Larceny and Wrongful Appropri-
ation

Looting or theft.

Theft and looting also includes the taking of personal property

from EPWs or civilians for personal enrichment.

Article 103 Captured or Abandoned Property

(dealing in, looting, or pillaging)
Article 109 Property Other than Military
Property of US—Waste, Spoilage,
or Destruction
Article 121 Larceny and Wrongful Appropri-
ation
Article 122 Robbery
War Crimes 19

Forcing an EPW or civilian to perform prohibited labor.

EPWs cannot be used to design or construct items whose primary

use is for military gain (e.g., a bridge that would help Marines
attack the enemy). Labor that is humiliating, inherently dangerous
(e.g., clearing minefields) or a health hazard is prohibited.
Ordering an EPW to assist sick or wounded Marines is not pro-
hibited because the Marines are considered to be noncombatants
while they are sick or wounded. EPWs may also be required to
perform such labor as—
 Administrative work.
 Installation repair and maintenance.
 Agricultural work.
 Manufacturing and transportation work that serves no mili-
tary purpose.
 Domestic work.
 Work related to the arts.

Transferring an EPW to people (military or civilian) of a

country that did not sign the Geneva Conventions.

Before transfer to a country that did sign the Conventions, the

United States must be satisfied that the receiving country is willing
and able to apply the Conventions (GPW, Article 12). For exam-
ple, if the Iranians captured an Israeli pilot, they could transfer the
pilot to Jordan if Iran was satisfied that Jordan was willing and
able to apply the Conventions, because Jordan signed the Geneva
Conventions; however, the Iranians could not transfer the cap-
tured Israeli pilot to the Palestine Liberation Front.
20 MCRP 4-11.8B

Executing or otherwise punishing (without a trial) an indi-

vidual accused of being a spy or a saboteur.

Article 18 Murder
Article 119 Manslaughter

Attacking an undefended town or a civilian object that has

no military significance.

Mutilating corpses.

The mutilation of corpses (e.g., cutting off ears as a war trophy)

is strictly prohibited under the law of war.

Executing any form of reprisal against a person protected

by the Geneva Conventions.

People protected by the Geneva Conventions can include, but are

not limited to, civilians not engaged in hostilities; an EPW or a
sick, wounded or shipwrecked enemy combatant. However, if a
civilian (an unprivileged combatant) shoots at Marines while
they are patrolling an occupied town, the civilian may be fired
on. If civilians are apprehended, they must be given a trial or
hearing before being punished for their actions. If the civilian
eludes capture, the Marines may not harm the home or property
of the suspected sniper’s relatives or friends as a form of reprisal.
Similarly, if the identity of the sniper is unknown, the Marines
may not institute any sort of collective punishment (e.g., cut off
electricity or water in the town) directed at the neighbors of the
War Crimes 21

civilian sniper. Reprisals are not permitted, except with the spe-
cific approval of the President or Secretary of Defense.

Article 109 Property Other than Military

Property of US—Waste, Spoilage,
or Destruction

Placing a bounty or reward for killing an enemy, individual

or a member(s) of a particular military organization.

Attacking Red Cross or Red Crescent personnel, vehicles

or buildings or the wounded they are assisting.

Placing EPWs or civilians in unsafe or unhealthy locations.

Placing an EPW or a civilian near legitimate military tar-

gets (i.e., using them as human shields).

Using an EPW or civilian as a human shield is a violation of the

law because—
 If the target is attacked, the EPW or civilian may be harmed.
 If the attackers refrain from targeting the legitimate military
target for fear of harming noncombatants, the Marines who
placed the noncombatants in harm’s way have taken an unlaw-
ful military advantage.

Article 93 Cruelty and Maltreatment

Article 118 Murder
Article 119 Manslaughter
Article 134 General Article (negligent homi-
cide)
22 MCRP 4-11.8B

Forbidding alien civilians, especially women and children,

from departing an enemy nation once hostilities have com-
menced.

Draft age male civilians may be interned by their enemy if it is

suspected that they may enter the armed forces of their nation
once they return to their homeland. However, women and chil-
dren should not be stopped from fleeing an enemy nation and
returning to their homeland.

Failing to notify an EPW’s government of the fact the indi-

vidual has been captured and keeping interned alien civil-
ians incommunicado.

Confiscating food, water, medicine, etc., from detained

civilians due to the fact that they are enemy aliens or are
subjects of the country being occupied.

Article 103 Captured or Abandoned Prop-

erty (looting or pillaging)
Article 121 Larceny and Wrongful Appropri-
ation
Article 122 Robbery

Forcing civilians to commingle with troops in an attempt to

have the enemy refrain from attacking the combined group.
War Crimes 23

Article 93 Cruelty and Maltreatment

Encouraging or forcing refugees to place themselves in the

path of an attacking enemy to hinder the enemy’s advance.

Article 118 Murder

Article 119 Manslaughter
Article 134 General Article (negligent homi-
cide)

Failing to search out, collect, make provision for the safety

of, or to care for survivors of sunken ships or boats when
the military situation permits.

Failing to care for members of enemy or friendly armed

forces in the field, when the military situation permits, who
are disabled by sickness or wounds or who have dropped
their weapons and surrendered.

Attacking individual civilians who are not actively engaged in

direct hostilities against friendly forces or the civilian population.

Executing indiscriminate attacks on the civilian population or

civilian property is unlawful, knowing the attack will cause—
 Loss of life or injury to civilians.
 Damage to civilian property that would be excessive or dispro-
portionate in relation to the concrete and direct military advan-
tage anticipated, and cause death or serious injury to body or
health.
24 MCRP 4-11.8B

Article 118 Murder

Article 119 Manslaughter
Article 128 Assault
Article 134 General Article (negligent homi-
cide)

Poisoning wells, streams or other water sources.

Pretending to be wounded.

Pretending to be wounded is unlawful if it is part of a plan to—

 Take advantage of the enemy’s obligation not to attack wounded
combatants.
 Attack the enemy when their guard is down. Indicating to an
enemy that you are unable, due to your wounds, to continue to
fight has the same effect as indicating (by raising your hands
over your head or waving a white flag) a desire to surrender.

Forcing an EPW or civilian to collect wounded fellow

Marines from the battlefield during the battle.

Executing physical or mental coercion toward an EPW or a

civilian while in custody to induce them to provide information.

For example, threatening to throw a person out of a helicopter

unless information is provided.

Article 93 Cruelty and Maltreatment

War Crimes 25

APPENDIX B
GLOSSARY
CJCSI ...................................... Chairman of the Joint Chiefs
of Staff instruction
CMC................................Commandant of the Marine Corps

DOD................................................. Department of Defense

DODD ............................... Department of Defense directive

EPW .................................................. enemy prisoner of war

GPW........... Geneva Conventions Relative to the Treatment

of Prisoners of War

ICC...........................................International Criminal Court

MCO ...................................................... Marine Corps order

MCRP ...........................Marine Corps reference publication

POW.............................................................. prisoner of war

SECNAVINST................. Secretary of the Navy instruction

UCMJ............................... Uniform Code of Military Justice

UN................................................................. United Nations
US .................................................................... United States
USC.........................................................United States Code
USMC ....................................... United States Marine Corps
26 MCRP 4-11.8B

APPENDIX C
REFERENCES
United States Code (USC)
Title 10, Sec. 2579 War Booty: Procedures for Handling
and Retaining Battlefield Objects
Title 10, Sec. 7216 Collection, Preservation and Display of
Captured Flags
Title 18, Sec. 2441 War Crimes Act of 1996

Department of Defense Directive (DODD)

5100.77 DOD Law of War Program

Chairman of the Joint Chiefs of Staff Instruction (CJCSI)

5810.01B Implementation of the DOD Law of War
Program

Secretary of the Navy Instruction (SECNAVINST)

3300.1A Law of Armed Conflict (Law of War)
Program to Insure Compliance by
the Naval Establishment

Marine Corps Orders (MCO)

3300.4 Marine Corps Law of War Program
5740.2F OPREP-3SIR: Serious Incident Reports
War Crimes 27

Marine Administrative Message (MARADMIN)

182/04 Marine Corps Law of War Program

Army Field Manual (FM)

27-10 The Law of Land Warfare

Miscellaneous
1907 Hague Convention No. IV, Respecting the Laws and Cus-
toms of War on Land
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