Restoring UCMJ Jurisdiction over Civilian Employees during Armed Hostilities
Abstract
Modern United States military operations have become increasingly reliant upon services provided by civilian employees of the Department of Defense, other federal employees, and contractors. The range of such services is remarkably diverse. Large numbers of civilians now accompany Armed Forces on virtually all deployments, including combat operations. In short, civilian personnel are key members of the modern military team. Their actions, like those of uniformed military members, may have profound effects upon national interests. While commanders are now heavily reliant upon civilian services, they have relatively little disciplinary authority over the conduct of deployed civilian personnel. This paper proposes extending the Uniform Code of Military Justice (UCMJ) jurisdiction to U.S. citizen civilian personnel accompanying U.S. Armed Forces outside the United States in theaters of armed hostilities. It reviews and analyzes existing statutory bases of jurisdiction over civilians and the case law that has interpreted it. It also analyzes relevant evolutions of military jurisdiction and criminal practice in recent decades that call into question older case law that restricts UCMJ jurisdiction over civilians accompanying the Armed Forces. Finally, it recommends how the law may be shaped to effectively re-establish UCMJ jurisdiction over deployed civilian personnel in combat environments.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 15, 2006
- Accession Number
- ADA448767
Entities
People
- Kevan F. Jacobson
Organizations
- United States Army War College