Prosecuting Civilian Contractors under the UCMJ
Abstract
"As they headed to the Baghdad airport in July, two security guards working for the contract firm Triple Canopy say they were stunned when their supervisor declared that he intended that day to kill somebody. The supervisor then fired his M4 rifle into the windshield of a parked truck, the two guards claim in court documents. Later in the day the supervisor fired half a dozen handgun rounds into a passing taxi, possibly killing the driver, the two guards allege. No investigation followed and no disciplinary action was taken against the alleged shooter." Sadly, this is just one of many allegations of serious criminal misconduct by civilian contractors in Iraq and Afghanistan. Due to jurisdictional limits, the military has been powerless to prosecute them. However, in the Fiscal Year 2007 Defense Authorization Act, Congress added five magic words that expand the jurisdiction of the Uniform Code of Military Justice (UCMJ) to include civilian contractors who serve with or accompany the forces into harm's way. The onus is now on the Department of Defense (DoD) to implement guidance concerning the use of this potential new-found power and to define the way in which the military will carry out the intent of Congress. To prosecute civilian contractors successfully under the UCMJ, the DoD must clarify the application of its new-found jurisdiction in terms of personal jurisdiction, subject matter jurisdiction, and contractual language.
Document Details
- Document Type
- Technical Report
- Publication Date
- Feb 19, 2008
- Accession Number
- ADA506500
Entities
People
- R. R. Henry
Organizations
- Marine Corps University