Continuum Crimes: Military Jurisdiction Over Foreign Nationals Who Commit International Crimes
Abstract
In this thesis, Major Newton examines the sources of international law which support the jurisdiction of United States military commissions over foreign nationals during operations other than war. The legal protections for human rights have evolved since the end of World War II. International law defines some offenses which are crimes throughout the spectrum of armed conflict. This thesis describes a set of offenses termed "continuum crimes." Continuum crimes are universal jurisdiction offenses which the United States has the legal and constitutional basis to prosecute. Continuum crimes violate international law across the spectrum of conflict. This thesis proposes that Congress amend Article 21 of the Uniform Code of Military Justice to allow military commissions to prosecute continuum crimes when those offenses impact the mission of deployed United States armed forces. Since the end of the Cold War, United States military doctrine has required non-traditional deployments into areas where ethnic tensions, religious differences, and political turmoil create fertile ground for widespread continuum crimes. During international armed conflicts, American commanders can prosecute foreign nationals who violate the laws of war. An amended Article 21 would provide a fair forum for prosecuting continuum crimes. United States commanders should be able to punish criminal misconduct which adversely affects the operational missions of our armed forces.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1996
- Accession Number
- ADA444176
Entities
People
- Michael A. Newton