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Intent
To deter military personnel from committing war crimes.
Proposal
A war crime can be prosecuted at any time during or after the military service of the alleged perpetrator. A war crime shall only be prosecuted once per alleged perpetrator.
A war crime defendant who is separated from service shall remain separated during the trial.
Discussion
There shall be no statute of limitations applicable to war crimes. A person retired or discharged from service may be prosecuted for war crimes. A defendant does not need to be recalled to service for war crimes — the defendant may be a civilian at the time of the trial and it doesn’t matter because the defendant was an enlisted or officer at the time of the war crime and is being tried for actions during that time. However, a person accused of a war crime shall only be prosecuted once for that crime. No double jeopardy.
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