The army lawyer accepts articles that are useful and informative to army lawyers. Moreover, the same period had also witnessed the enactment of the military extraterritorial jurisdiction act meja, the expansion of the uniform code of military justice ucmj to authorize the trial by courtmartial of certain civilian contractors, and additional attempts by the political branches to constrain the ability of both the regular. Its interpretation affects both national security and the rights of american citizens. Military extraterritorial jurisdiction legal information. Fidh and redress are publishing a report giving an overview of the current laws and practices in the 27 member states of the european union, as well as in norway and switzerland, concerning extraterritorial jurisdiction for prosecution of crimes under international law. This report looks at two bills that would supplement the military extraterritorial jurisdiction act meja, which permits federal persecution of certain crimes commuted abroad by defense department civilian employees, contractors, or their dependents. Nevertheless, a number of american criminal laws apply extraterritorially outside of the united states.
Introduction on september 1, 1987, united states law enforcement officials lured fawaz yunis, a lebanese resident. Government agencies overseas, the military extraterritorial jurisdiction act was passed by congress to subject them to a similar manner of jurisdiction. An overview of the general provisions of jurisdiction over the person. Litigating abuses committed by private military companies. The gap between law and practice by kevin lanigan 1 introduction in 1893, during a period of widespread labor unrest in the united states and reacting to the hiring by u. The rule contains policies and procedures for exercising extraterri torial criminal jurisdiction over certain military personnel, former service members, and civilians employed by or. If the doj does not inform the dod whether it will take over the case within the 14day time period. Reagan national defense authorization act for fiscal year 2005 hereinafter the act for exercising extraterritorial criminal jurisdiction over certain current and. Some commentators argue that international law imposes no restrictions on the jurisdiction of states in the civil sphere. Criminal offenses committed by certain members of the armed forces and by persons employed by or accompanying the armed forces outside the united states. Legal regulation of pmscs in the united states private security. Operational law handbook, 2015 the library of congress. General provisions overview of jurisdiction over the person. Tragic events in iraq and afghanistan highlight the need to strengthen the laws providing for jurisdiction over.
Overview of the military extraterritorial jurisdiction act meja. It discusses the benefits that the civilian extraterritorial jurisdiction act would provide such as increased judicial. Military extraterritorial jurisdiction act meja, 18. Criminal offenses committed by certain members of the armed forces and by. Us prosecution of pmc employees, both us and foreign nationals,45 is, for instance, possible under the military extraterritorial jurisdiction act meja46 and the uniform code of military justice ucmj.
The law was used to prosecute former marine corps sgt. Accordingly, assertions of extraterritorial jurisdiction are permitted only where there is a nexus between the state seeking to assert jurisdiction and the regulated persons or conduct falling within one of the 7established bases of jurisdiction. Fried frank government contracts alert january 2006. Fidh and redress are publishing a report giving an overview of the current laws and practices in the 27 member states of the european union, as well as in norway and switzerland, concerning extraterritorial jurisdiction for prosecution of crimes under international law this report aims to increase general knowledge of the issues surrounding the exercise of extraterritorial. The military extraterritorial jurisdiction act, by lcdr kathleen a. Before sharing sensitive information, make sure youre on a federal. The manual for courtsmartial mcm may also provide some useful guidance in. Because enactment of the bill could affect direct spending and receipts, payasyougo procedures would apply.
However, for the claim to be effective in the external territory except by the exercise of force, it must be agreed either with the legal authority in the external territory, or with a legal authority. Criminal offenses committed by certain members of the armed forces and by persons employed by or accompanying the armed forces outside the united states 3262. In 2000, congress seemed to solve this conundrum when it enacted the military extraterritorial jurisdiction act. It is a matter of the law of the place where it occurs. Account of the creation of the military extraterritorial jurisdiction act of. File a copy of the notice and acknowledgement with the signed dd form 2365. This act may be cited as the military extraterritorial jurisdic tion act of 2000. Military extraterritorial jurisdiction act meja 18 u. Military extraterritorial jurisdiction act of 2000 as ordered reported by the house committee on the judiciary on june 27, 2000 cbo estimates that enacting h. This includes any subset of army lawyers, from new legal assistance attorneys to staff judge advocates and military judges. I worked with senator sessions and others in 2000 to pass the military extraterritorial jurisdiction act meja, and then, again, to amend it in 2004, so that u. Reagan national defense authorization act for fiscal year 2005 hereinafter the act for exercising extraterritorial criminal jurisdiction over. The civilian extraterritorial jurisdiction act accomplishes this important and common sense goal by allowing united states contractors and employees working overseas who commit specific crimes to be tried and sentenced under u. The military extraterritorial jurisdiction act dtic.
Rushing to close an unforeseen loophole major glenn r. We believe the uniform code of military justice should be expanded beyond its standard limit, so that former military personnel can be tried only by the military, said preis. Military extraterritorial jurisdiction act wikipedia. Military extraterritorial jurisdiction act meja permits federal. Legislation in the 109th congress introduction subject matter jurisdiction over a criminal offense is usually a matter of the law of the place where the offense occurs.
Be it enacted by the senate and house of representatives of. Amending the military extraterritorial jurisdiction act meja of 2000. After september 11, 2001, additions and modifications to federal law placed renewed focus on the ability of the government to prosecute american citizens for extraterritorial misconduct that violates the law of war. This act may be cited as the military extraterritorial jurisdic 18 usc 3261 tion act of 2000. Contractors and the civilian extraterritorial jurisdiction act. Reviews and approves implementing documents issued by the dod components. Code chapter 212 military extraterritorial jurisdiction.
However, as this paper intends to show, complex extraterritorial jurisdiction issues arise with increasing frequency in civil, commercial, and. A number of federal criminal statutes, however, enjoy extraterritorial applicati on. The military extraterritorial jurisdiction act and its. In applicable contingency operations, contractor visibility and accountability shall be maintained through a common joint database, the synchronized predeployment and operational.
Extraterritorial application of american criminal law. November 2010 the military extraterritorial jurisdiction act meja is a law intended to place military contractors under u. The legislation expands on the military extraterritorial jurisdiction act meja, which provides similar criminal jurisdiction over department of defense employees and contractors but does not. The judge advocate general or the department of the army. Federal contractor criminal liability oversea congressional research service 1 introduction the united states government utilizes the services of hundreds of thousands of employees and contractors overseas. Any legal analysis of extraterritorial jurisdiction leans heavily on. Moreover, the same period had also witnessed the enactment of the military extraterritorial jurisdiction act meja, the expansion of the uniform code of military justice ucmj to authorize the trial by courtmartial of certain civilian contractors, and additional attempts by the. The flawed structure and composition of the military extraterritorial jurisdiction act contributed to the aggressive prosecution of this case, said the defense team.
Creation of the military extraterritorial jurisdiction act before the promulgation of the meja, heinous crimes like murder, child abuse, and rape often escaped prosecution when committed by an american civilian on an overseas military base. Extraterritorial application of american criminal law congressional research service summary criminal law is usually territorial. Extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. They and their dependants are often subject to local prosecution for the crimes they commit abroad.
Extraterritorial jurisdiction etj is the legal ability of a government to exercise authority beyond its normal boundaries any authority can claim etj over any external territory they wish. Military extraterritorial jurisdiction act meja of 2000, 18 u. Ssr assessment, monitoring and evaluation and gender. A territorial justification for extraterritorial jurisdiction 1227 1 extradition or expulsion cases. Extraterritorial jurisdiction act meja, and dod instruction 5525. After september 11, 2001, additions and modifications to fed eral law placed renewed focus on the ability of the government to prose. Extraterritoriality can also be applied to physical places, such as foreign embassies, military bases of foreign countries, or offices. Private military and security companies and gender 11. Fried frank government contracts alert february 2006. These two bills are the civilian extraterritorial jurisdiction act ceja and s. The military extraterritorial jurisdiction act meja is a law intended to place military contractors under u. In order to deal with the issue of private military contractors and private security contractors being used by u. Military the united states of america in congress assembled, extraterritorial jurisdiction act section 1.
The military extraterritorial jurisdiction act of 2000. Military extraterritorial jurisdiction act meja department of justice. On november 22, 2000, president clinton signed into law the military extraterritorial. The united states unwarranted attempt to alter international law in united states v. The gap between law and practice by kevin lanigan 1 introduction in 1893, during a period of widespread labor unrest in the united states and reacting to the hiring by. Armed forces, and over civilians employed by or accompanying the. Prior to congress passing the military ext raterritorial jurisdiction act, u. The military extraterritorial jurisdiction act meja is a critical statute for the. Washington thursday, june 23, 2011 the senate judiciary committee thursday approved legislation authored by committee chairman patrick leahy dvt. Extraterritorial jurisdiction as a tool for improving the. Since 2010, the court has narrowly construed the extraterritorial reach of a number of statutes, including the alien tort statute, the torture victim protection act and the securities and exchange act of 1934, and it has limited the ability of the u. Nevertheless, a number of american criminal laws apply. Military extraterritorial jurisdiction act meja overview.