Getting Away With Murder: The Forty Year Jurisdictional Gap Over DoD Civilians Stationed Overseas and the Military Extraterritorial Jurisdiction Act of 2000
Abstract
The need for jurisdiction over civilians accompanying the military forces overseas has never been greater. Civilian employees and contractors are playing an increasingly important role in military operations overseas. The ability of family members to see the world as they accompany the Armed Forces overseas is one of the unique perks of military life. However, civilians who accompany our armed forces overseas have the potential to create significant problems for the military, and the nation in general, if they become involved in criminal activity. Crimes committed by Department of Defense (DoD) civilians overseas can undermine the good order and discipline of the overseas forces, and even to create international incidents. Unfortunately, there has not been an effective method to bring these individuals to justice. In the past, the military was able to deal with these crimes directly by exercising court-martial jurisdiction over DoD civilians who commit crimes overseas. However, a series of Supreme Court decisions in the 1950's held that court-martial jurisdiction over civilians in times of peace was unconstitutional because courts-martial did not offer sufficient due process to a civilian defendant. These rulings created a situation where there was virtually no U.S. jurisdiction over DoD civilians overseas, and any prosecution of such crimes was left to the various justice systems of the host nations.
Document Details
- Document Type
- Technical Report
- Publication Date
- Aug 31, 2001
- Accession Number
- ADA396061
Entities
People
- Michael J. Apol
Organizations
- Air Force Institute of Technology