The military extraterritorial jurisdiction act, by lcdr kathleen a. They and their dependants are often subject to local prosecution for the crimes they commit abroad. 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. Inception of courtmartial jurisdiction overview and discussion. Nothing in this chapter may be construed to deprive a courtmartial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by a courtmartial, military commission, provost court.
A territorial justification for extraterritorial jurisdiction 1227 1 extradition or expulsion cases. For example, courts martial jurisdiction applies worldwide, but is limited in application to a certain class. Military extraterritorial jurisdiction act of 2000 2000. 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. 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. Changes that have been made appear in the content and are referenced with annotations. Blackwater case tests doj authority over contractors abroad. Before sharing sensitive information, make sure youre on a federal. Direct the justice department to create new investigative units to investigate, arrest and prosecute contractors and employees who commit.
Armed forces, and over civilians employed by or accompanying the u. Under the military extraterritorial jurisdiction act, employees whose work internationally relates to supporting the mission of the department of defense and who violate u. Extraterritorial jurisdiction under international law. Asthma or other respiratory conditions that have a forced expiratory volume. Contractors and the civilian extraterritorial jurisdiction act. See also civilian extraterritorial jurisdiction act of 2011, s. Extraterritorial jurisdiction refers to a courts ability to exercise power beyond its territorial limits. This statute gives the united states judicial system the ability to exercise jurisdictional control overseas. The military extraterritorial jurisdiction act was originally enacted in 2000, and leahy worked to secure improvements to the law in 2004. The extraterritorial reach of the criminal provisions of u.
Military extraterritorial jurisdiction act wikipedia. A number of federal criminal statutes, however, enjoy extraterritorial applicati on. Extraterritorial jurisdiction of states parties to the. The military extraterritorial jurisdiction act meja is a critical statute for the future of the united states military and the american public.
The sources said any charges against blackwater employees probably would come under the military extraterritorial jurisdiction act. Military extraterritorial jurisdiction act of 2000. A military practitioners guide to the military extraterritorial jurisdiction act in contingency operations major aimee m. Like the aeca and the eaa, the twea provides that jurisdiction can be asserted over any person, wherever located, deemed to be subject to the jurisdiction of the united states. Meek tjaglcs features lore of the corps from west point to michigan to china. However, unlike the aeca and the eaa, the cacr asserts jurisdiction based on the. The list of acronyms and abbreviations related to meja military extraterritorial jurisdiction act. Military extraterritorial jurisdiction act meja of 2000, 18 u.
Extraterritorial jurisdiction law and legal definition. This act may be cited as the military extraterritorial jurisdiction act of 1999. A new extraterritorial jurisdictional link recognised by the. In an analogous context, the supreme court has long required what amounts to a nexus. Extraterritorial application of american criminal law congressional research service summary criminal law is usually territorial. It is a matter of the law of the place where it occurs. November 2010 the military extraterritorial jurisdiction act meja is a law intended to place military contractors under u. Chapter 212military extraterritorial jurisdiction sec. Military the united states of america in congress assembled, extraterritorial jurisdiction act section 1. Extraterritorial application of american criminal law. Federal criminal jurisdiction to certain defense contractor personnel for offenses committed outside u. Meja military extraterritorial jurisdiction act acronymfinder.
For example, courts martial jurisdiction applies worldwide, but is limited in application to a certain class of people members of the armed forces. Criminal offenses committed by certain members of the armed forces and by persons employed by or accompanying the armed forces outside the united states. And at first glance, this new jurisprudence seems sensible. Its interpretation affects both national security and the rights of american citizens. Traditionally, the exercise of jurisdiction by a state was generally limited to persons, property and acts within its territory. 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. Constitutionality of military extraterritorial jurisdiction act meja. Overview of the inception of courtmartial jurisdiction 1. Code chapter 212 military extraterritorial jurisdiction. Bateman advising military families with special needs children. This act may be cited as the military extraterritorial jurisdic 18 usc 3261 tion act of 2000. District court upholds extraterritorial enforcement of the. Human rights first is a nonpartisan, 501c3, international human rights organization based in new york and washington, dc. The military extraterritorial jurisdiction act meja is a law intended to place military contractors under u.
Nevertheless, a number of american criminal laws apply extraterritorially outside of the united states. This article will use pmc to refer to both pmfs and pscs t hroughout. Military extraterritorial jurisdiction act meja department of justice. 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. Extraterritorial jurisdiction over foreign defendants in u. Extraterritorial jurisdiction as a tool for improving the. The case for the civilian extraterritorial jurisdiction act. A bill to establish courtmartial jurisdiction over civilians serving with the armed forces during contingency operations, and to establish federal jurisdiction over crimes committed outside the united states by former members of the armed forces and civilians accompanying the armed forces outside the united states. In australia, extraterritorial jurisdiction of the state parliaments was authorized by s.
Therefore, the acts of the danish ambassador, of which the applicant had complained, had affected people within the jurisdiction of the danish authorities. Courtsmartial are courts of special and limited jurisdiction. Criminal offenses committed by certain members of the armed forces and by persons employed by. Download it once and read it on your kindle device, pc, phones or tablets. Federal contractor criminal liability overseas kindle edition by charles doyle. However, as this paper intends to show, complex extraterritorial jurisdiction issues arise with increasing frequency in civil, commercial, and. Prior to congress passing the military ext raterritorial jurisdiction act, u.
Poc at insert contracting activity information is the undersigned. 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. Military extraterritorial jurisdiction act meja 18 u. This note explains that although there is a need to coordinate and harmonize the varying legal efforts to combat terrorism, there currently exist certain universally accepted legal principles regarding extraterritorial jurisdiction that allow states to prosecute terrorists, regardless of the situs of the attack or the nationality of the victim. Longarm statute is a legal provision that allows a state to exercise jurisdiction over an outofstate defendant, provided that the prospective defendant has sufficient minimum contacts with the forum. The areas of exclusive and concurrent j urisdic tion are delineated.
Extraterritorial jurisdiction for other terrorist offences etc. Jurisdiction means the power of a court to try and determine a case, and to render a valid judgment. Title 18, united states code, is amended by inserting after chapter 211 the following new chapter. The legislature declares it the policy of the state to designate certain areas as the extraterritorial jurisdiction of municipalities to promote and protect the general health, safety. The criminal code asserts jurisdiction over the following offences outside canada. Extraterritorial jurisdiction 1 the states legal capacity to prohibit or regulate conduct outside of its national borders. The phenomenon of extraterritorial jurisdiction, or the exercise of legal power beyond territorial borders, presents lawyers, courts, and scholars with analytical onions comprising layers of national and international legal issues. See the military extraterritorial jurisdiction act of 2000 18 u. Extraterritorial jurisdiction under the active nationality. 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. In its recently published advisory opinion on the environment and human rights of 15 november 2017 in ejil.
Nothing in this chapter may be construed to deprive a courtmartial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by a courtmartial, military commission, provost court, or other military tribunal. The civilian extraterritorial jurisdiction act will. This act may be cited as the military extraterritorial jurisdic tion act of 2000. The military extraterritorial jurisdiction act and its. The law was used to prosecute former marine corps sgt. Meja was a bill passed in 2000 that allowed persons who are employed. Account of the creation of the military extraterritorial jurisdiction act of. There are changes that may be brought into force at a future date. Federal contractor criminal liability oversea congressional research service summary the united states government uses hundreds of thousands of civilian contractors and employees overseas. Antitrust civil suits initially, the sherman act and other united states antitrust laws could not reach the activities of foreign corporations if such activities were carried out beyond the territorial limits of the.
1267 469 693 969 1073 231 140 724 825 518 969 959 952 274 1201 350 1474 1312 300 1073 805 840 146 1209 352 1393 236 190 437 476 1368 832 1325 1083