The jfc and staff should be familiar with statutory, legal, and command requirements. It says that if an offense committed in such a case would constitute an offense under u. As this discussion takes place in the context of australian and us jurisdiction over their peacekeepers serving in overseas missions, this chapter also provides an assessment of the extraterritorial jurisdiction of the military disciplinary law and civilian criminal law in both countries to australian and us military personnel, including the. The civilian extraterritorial jurisdiction act ceja. Bateman advising military families with special needs children. Meja was a bill passed in 2000 that allowed persons who are. These two bills are the civilian extraterritorial jurisdiction act ceja and s. Private security guards set to be prosecuted the expansion of the military extraterritorial jurisdiction act of 2000 meja and the uniform code of military justice ucmj has complicated the legal environment for u. The military extraterritorial jurisdiction act dtic. 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 jurisdiction, and. Military and fenera1 extraterritorial jurisdiction after passage of the criminal justice reform act is compared and contrasted aith a view toward the effect of the act on existing military jurisdiction. However, international law has evolved since then and now recognizes extraterritorial jurisdiction. Extraterritorial jurisdiction in the 27 member states of the. This statute gives the united states judicial system the ability to exercise jurisdictional control over american civilians committing felonies on foreign.
It will give an overview of the current laws and practices of eu member states concerning extraterritorial jurisdiction for prosecution of crimes under international law. Chapter 212military extraterritorial jurisdiction sec. Military extraterritorial jurisdiction over contractors supporting defense missions overseas. The areas of exclusive and concurrent j urisdic tion are delineated. This statute gives the united states judicial system the ability to exercise jurisdictional control overseas. A number of federal criminal statutes, however, enjoy extraterritorial applicati on. The act is notable for its extraterritorial jurisdiction and its lack of nexus requirement. The manual for courtsmartial mcm may also provide some useful guidance in. Chapter 212a of title 18, united states code, is amended 1 by transferring the text of section 3272 to the end of section 3271, redesignating such text as subsection c of section 3271, and, in such text, as so redesignated, by striking this chapter and. The sources said any charges against blackwater employees probably would come under the military extraterritorial jurisdiction act.
Criminal offenses committed by certain members of the armed forces and by persons employed by or accompanying the armed forces outside the united states 18 u. Military extraterritorial jurisdiction act of 2000. 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 military extraterritorial jurisdiction act meja, 1 was passed in 2000 to fill the jurisdictional gap that existed where host nation countries could not or would not prosecute crimes americans. Extraterritorial application of american criminal law congressional research service summary criminal law is usually territorial. Current extent of american extraterritorial criminal jurisdiction. Account of the creation of the military extraterritorial jurisdiction act of. Four decades later congress tried to fill in part the jurisdictional gap by enacting the military extraterritorial jurisdiction act of 2000.
Title 18, united states code, is amended by inserting after chapter 211 the following new chapter. It finds that under international principles, extraterritorial jurisdiction is often legal, with. As the united states military begins to withdraw from iraq and afghanistan, leaving behind thousands of civilian government employees and contractors, the broader jurisdictional scope of ceja will become a. Extraterritorial application of american criminal law. The military extraterritorial jurisdiction act meja is a law intended to place military contractors under u. This act may be cited as the military extraterritorial jurisdic tion act of. The military extraterritorial jurisdiction act and its. This act may be cited as the military extraterritorial jurisdiction act of 1999. Military extraterritorial jurisdiction act meja department of justice.
Meja military extraterritorial jurisdiction act acronymfinder. 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. Meja was a bill passed in 2000 that allowed persons who are employed. President and the congress in the fields of foreign affairs and military. Military extraterritorial jurisdiction act meja overview. Extraterritorial jurisdiction in the 27 member states of. Schencks modern military justice, cases and materials, 3d.
Overview of the military extraterritorial jurisdiction act meja. Sense of congress and policy concerning persons detained by the united states. Military the united states of america in congress assembled, extraterritorial jurisdiction act section 1. Extraterritorial jurisdiction wikimili, the best wikipedia. Armed forces, and over civilians employed by or accompanying the u. Everett, military jurisdiction over civilians, 1960 duke l. Meek tjaglcs features lore of the corps from west point to michigan to china. This paper examines that question through the lens of international law. As a result, the department of justice doj and the. Extraterritorial jurisdiction as a tool for improving the. Military extraterritorial jurisdiction act meja of 2000, 18 u. In the us, extraterritorial impacts in this field first arose from standard oil co. It is a matter of the law of the place where it occurs.
Military extraterritorial jurisdiction act meja 18 u. The military extraterritorial jurisdiction act, by lcdr kathleen a. Definition of united states for purposes of federal crime of torture. To amend title 18, united states code, to establish federal jurisdiction over offenses. An alternative to the military extraterritorial jurisdiction act is the alien tort statute, which provides for original jurisdiction in federal district courts for any civil action by an alien for a tort only, committed in 51 see id. A military practitioners guide to the military extraterritorial jurisdiction act in contingency operations major aimee m. Code chapter 212 military extraterritorial jurisdiction. Rakowsky, note, military contractors and civil liability. United states, 6 where imperial oil in canada was ordered to be divested from standard oil. Government agencies overseas, the military extraterritorial jurisdiction act was passed by congress to subject them to a similar manner of jurisdiction. The chapter regarding military commissions has been removed. See also civilian extraterritorial jurisdiction act of 2011, s. The act provides that the united states jurisdiction reaches any vessel registered in a foreign nation where the flag nation has consented or waived objection to the enforcement of the united states law by the united states. Its interpretation affects both national security and the rights of american citizens overseas.
Handbook for armed private security contractors in. Extraterritorial jurisdiction 1 the states legal capacity to prohibit or regulate conduct outside of its national borders. Before sharing sensitive information, make sure youre on a federal. The law was used to prosecute former marine corps sgt. Extraterritorial economic sanctions and their foundation in international law 633 examples the us9can legally claim such extraterritorial regulatory authority. Litigating abuses committed by private military companies. The military extraterritorial jurisdiction act meja is a critical statute for the. A territorial justification for extraterritorial jurisdiction under the european convention.
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. This act may be cited as the military extraterritorial jurisdic 18 usc 3261 tion act of 2000. Criminal offenses committed by certain members of the armed forces and by persons employed by or accompanying the armed forces outside the united states. 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. The chapter regarding expanding military justice provides a more extensive description of trial of civilians under the military extraterritorial jurisdiction act of 2000, which gives federal courts jurisdiction over certain acts committed abroad. In order to deal with the issue of private military contractors and private security contractors being used by u. Current loopholes in the military extraterritorial jurisdiction act, 27 hous. Military extraterritorial jurisdiction act wikipedia. Traditionally, the exercise of jurisdiction by a state was generally limited to persons, property and acts within its territory. Jurisdiction is based off of the location of the defendants act. This act may be cited as the military extraterritorial jurisdiction act of 2000.
Information on subject matter jurisdiction over reservistsnational guard 1. Silliman says congress filled the loophole with the military extraterritorial jurisdiction act pdf format. The caaf found that the medical records submitted on appeal established that the accused had been retained on active. Contractors and the civilian extraterritorial jurisdiction act. The military extraterritorial jurisdiction act meja is a critical statute for the future of the united states military and the american public.
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. Subject matter jurisdiction over reservistsnational guard. National criminal jurisdiction over australian and us. Nevertheless, a number of american criminal laws apply extraterritorially outside of the united states. The offense must be committed while the reservist has military status. Extraterritorial jurisdiction plays a significant role in regulation of transnational anticompetitive practices. Extraterritoriality can also be applied to physical places, such as foreign embassies, military bases of foreign countries, or offices.
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