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. Rakowsky, note, military contractors and civil liability. Prior to congress passing the military ext raterritorial jurisdiction act, u. Current extent of american extraterritorial criminal jurisdiction. 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. National criminal jurisdiction over australian and us. Extraterritoriality can also be applied to physical places, such as foreign embassies, military bases of foreign countries, or offices. 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.
Account of the creation of the military extraterritorial jurisdiction act of. Before sharing sensitive information, make sure youre on a federal. Its interpretation affects both national security and the rights of american citizens. Military the united states of america in congress assembled, extraterritorial jurisdiction act section 1. Government agencies overseas, the military extraterritorial jurisdiction act was passed by congress to subject them to a similar manner of jurisdiction. The sources said any charges against blackwater employees probably would come under the military extraterritorial jurisdiction act. Code chapter 212 military extraterritorial jurisdiction. Extraterritorial jurisdiction in the 27 member states of the. Military extraterritorial jurisdiction over contractors supporting defense missions overseas. In order to deal with the issue of private military contractors and private security contractors being used by u. Military extraterritorial jurisdiction act wikipedia. Extraterritorial jurisdiction wikimili, the best wikipedia. The jfc and staff should be familiar with statutory, legal, and command requirements. The act is notable for its extraterritorial jurisdiction and its lack of nexus requirement.
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. This act may be cited as the military extraterritorial jurisdic 18 usc 3261 tion act of 2000. Filling the criminal liability gap for private military. Definition of united states for purposes of federal crime of torture. Bateman advising military families with special needs children.
It finds that under international principles, extraterritorial jurisdiction is often legal, with. Jurisdiction is based off of the location of the defendants act. 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. A number of federal criminal statutes, however, enjoy extraterritorial applicati on. Extraterritorial jurisdiction 1 the states legal capacity to prohibit or regulate conduct outside of its national borders. 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. Schencks modern military justice, cases and materials, 3d. Criminal offenses committed by certain members of the armed forces and by persons employed by or accompanying the armed forces outside the united states. 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. In the us, extraterritorial impacts in this field first arose from standard oil co.
Armed forces, and over civilians employed by or accompanying the u. The military extraterritorial jurisdiction act meja is a critical statute for the future of the united states military and the american public. The areas of exclusive and concurrent j urisdic tion are delineated. Extraterritorial application of american criminal law congressional research service summary criminal law is usually territorial. This act may be cited as the military extraterritorial jurisdiction act of 1999. United states, 6 where imperial oil in canada was ordered to be divested from standard oil. However, international law has evolved since then and now recognizes extraterritorial jurisdiction. Silliman says congress filled the loophole with the military extraterritorial jurisdiction act pdf format.
Handbook for armed private security contractors in. 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 military extraterritorial jurisdiction act was originally enacted in 2000, and leahy worked to secure improvements to the law in 2004. Meja was a bill passed in 2000 that allowed persons who are employed.
Information on subject matter jurisdiction over reservistsnational guard 1. Military extraterritorial jurisdiction act of 2000. Meja was a bill passed in 2000 that allowed persons who are. The offense must be committed while the reservist has military status. The military extraterritorial jurisdiction act meja is a law intended to place military contractors under u. The manual for courtsmartial mcm may also provide some useful guidance in. The military extraterritorial jurisdiction act dtic. Meek tjaglcs features lore of the corps from west point to michigan to china. Litigating abuses committed by private military companies.
Its interpretation affects both national security and the rights of american citizens overseas. Chapter 212military extraterritorial jurisdiction sec. This statute gives the united states judicial system the ability to exercise jurisdictional control overseas. Military extraterritorial jurisdiction act meja department of justice. Overview of the military extraterritorial jurisdiction act meja. Traditionally, the exercise of jurisdiction by a state was generally limited to persons, property and acts within its territory. See also civilian extraterritorial jurisdiction act of 2011, s. The military extraterritorial jurisdiction act meja is a critical statute for the. Subject matter jurisdiction over reservistsnational guard. The law was used to prosecute former marine corps sgt. Military extraterritorial jurisdiction act meja of 2000, 18 u. It says that if an offense committed in such a case would constitute an offense under u. The caaf found that the medical records submitted on appeal established that the accused had been retained on active.
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. Extraterritorial jurisdiction act of 2010 ceja attempts to do just that, and while it may deter some pmcs from participating in the u. Contractors and the civilian extraterritorial jurisdiction act. The chapter regarding military commissions has been removed. President and the congress in the fields of foreign affairs and military. 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. 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 military extraterritorial jurisdiction act and its. A military practitioners guide to the military extraterritorial jurisdiction act in contingency operations major aimee m. Military extraterritorial jurisdiction act meja overview. This act may be cited as the military extraterritorial jurisdic tion act of.
Jurisdiction is an interlocutory issue, to be decided by the military judge, with the burden placed on the government to prove jurisdiction by a preponderance of the evidence. It is a matter of the law of the place where it occurs. The military extraterritorial jurisdiction act, by lcdr kathleen a. Extraterritorial jurisdiction in the 27 member states of. To amend title 18, united states code, to establish federal jurisdiction over offenses. Four decades later congress tried to fill in part the jurisdictional gap by enacting the military extraterritorial jurisdiction act of 2000. 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. Current loopholes in the military extraterritorial jurisdiction act, 27 hous. Everett, military jurisdiction over civilians, 1960 duke l. 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. This paper examines that question through the lens of international law. Conduct begin in the state and has effects in the state, also yes. Extraterritorial jurisdiction as a tool for improving the.
Military extraterritorial jurisdiction act meja 18 u. 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. Extraterritorial economic sanctions and their foundation in international law 633 examples the us9can legally claim such extraterritorial regulatory authority. A territorial justification for extraterritorial jurisdiction under the european convention. Extraterritorial application of american criminal law. 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. This act may be cited as the military extraterritorial jurisdiction act of 2000. The civilian extraterritorial jurisdiction act ceja. 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. 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. Sense of congress and policy concerning persons detained by the united states. 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.
Meja military extraterritorial jurisdiction act acronymfinder. As a result, the department of justice doj and the. This statute gives the united states judicial system the ability to exercise jurisdictional control over american civilians committing felonies on foreign. These two bills are the civilian extraterritorial jurisdiction act ceja and s. Title 18, united states code, is amended by inserting after chapter 211 the following new chapter.843 613 1151 47 1222 1377 964 1223 410 1170 722 182 1398 1548 1398 189 241 1103 1357 1303 1435 229 1199 722 1338 1233 723 1391 1394 1316 666 1532 1302 1422 495 935 682 137 157 215 1457 22 321 59