The extraterritorial reach of the criminal provisions of u. Direct the justice department to create new investigative units to investigate, arrest and prosecute contractors and employees who commit. Military the united states of america in congress assembled, extraterritorial jurisdiction act section 1. Traditionally, the exercise of jurisdiction by a state was generally limited to persons, property and acts within its territory. They and their dependants are often subject to local prosecution for the crimes they commit abroad. Contractors and the civilian extraterritorial jurisdiction act. Overview of the inception of courtmartial jurisdiction 1. 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. Extraterritorial application of american criminal law. 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. In an analogous context, the supreme court has long required what amounts to a nexus. Therefore, the acts of the danish ambassador, of which the applicant had complained, had affected people within the jurisdiction of the danish authorities. Extraterritorial jurisdiction for other terrorist offences etc.
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. It is a matter of the law of the place where it occurs. In australia, extraterritorial jurisdiction of the state parliaments was authorized by s. Courtsmartial are courts of special and limited jurisdiction. Asthma or other respiratory conditions that have a forced expiratory volume. Extraterritorial application of american criminal law congressional research service summary criminal law is usually territorial. 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. District court upholds extraterritorial enforcement of the. Bateman advising military families with special needs children. The criminal code asserts jurisdiction over the following offences outside canada. 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. Code chapter 212 military extraterritorial jurisdiction.
There are changes that may be brought into force at a future date. However, unlike the aeca and the eaa, the cacr asserts jurisdiction based on the. Before sharing sensitive information, make sure youre on a federal. The law was used to prosecute former marine corps sgt. 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. The civilian extraterritorial jurisdiction act will. A new extraterritorial jurisdictional link recognised by the. Meek tjaglcs features lore of the corps from west point to michigan to china. 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. Extraterritorial jurisdiction refers to a courts ability to exercise power beyond its territorial limits. Military extraterritorial jurisdiction act meja 18 u. Poc at insert contracting activity information is the undersigned.
Download it once and read it on your kindle device, pc, phones or tablets. Extraterritorial jurisdiction as a tool for improving the. Military extraterritorial jurisdiction act meja of 2000, 18 u. 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. This article will use pmc to refer to both pmfs and pscs t hroughout. Extraterritorial jurisdiction over foreign defendants in u. 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 military extraterritorial jurisdiction act meja, 18 u. Federal contractor criminal liability overseas kindle edition by charles doyle. Inception of courtmartial jurisdiction overview and discussion.
November 2010 the military extraterritorial jurisdiction act meja is a law intended to place military contractors under u. See also civilian extraterritorial jurisdiction act of 2011, s. Military extraterritorial jurisdiction act of 2000 2000. Constitutionality of military extraterritorial jurisdiction act meja. Criminal offenses committed by certain members of the armed forces and by persons employed by. The military extraterritorial jurisdiction act and its. Military extraterritorial jurisdiction act meja department of justice. The military extraterritorial jurisdiction act meja is a law intended to place military contractors under u. Blackwater case tests doj authority over contractors abroad. A number of federal criminal statutes, however, enjoy extraterritorial applicati on.
Military extraterritorial jurisdiction act of 2000. The military extraterritorial jurisdiction act was originally enacted in 2000, and leahy worked to secure improvements to the law in 2004. 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. 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. 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. This statute gives the united states judicial system the ability to exercise jurisdictional control overseas. Extraterritorial jurisdiction under international law. The military extraterritorial jurisdiction act meja is a critical statute for the future of the united states military and the american public. Federal criminal jurisdiction to certain defense contractor personnel for offenses committed outside u. The case for the civilian extraterritorial jurisdiction act. 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. This act may be cited as the military extraterritorial jurisdiction act of 1999. Human rights first is a nonpartisan, 501c3, international human rights organization based in new york and washington, dc. This act may be cited as the military extraterritorial jurisdic 18 usc 3261 tion act of 2000. Chapter 212military extraterritorial jurisdiction sec. And at first glance, this new jurisprudence seems sensible. Under the military extraterritorial jurisdiction act, employees whose work internationally relates to supporting the mission of the department of defense and who violate u.
See the military extraterritorial jurisdiction act of 2000 18 u. Changes that have been made appear in the content and are referenced with annotations. Extraterritorial jurisdiction of states parties to the. Title 18, united states code, is amended by inserting after chapter 211 the following new chapter. For example, courts martial jurisdiction applies worldwide, but is limited in application to a certain class of people members of the armed forces.
This act may be cited as the military extraterritorial jurisdic tion act of 2000. A military practitioners guide to the military extraterritorial jurisdiction act in contingency operations major aimee m. Meja military extraterritorial jurisdiction act acronymfinder. The military extraterritorial jurisdiction act, by lcdr kathleen a. Nevertheless, a number of american criminal laws apply extraterritorially outside of the united states.
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. In its recently published advisory opinion on the environment and human rights of 15 november 2017 in ejil. Extraterritorial jurisdiction 1 the states legal capacity to prohibit or regulate conduct outside of its national borders. Meja was a bill passed in 2000 that allowed persons who are employed. Armed forces, and over civilians employed by or accompanying the u. Its interpretation affects both national security and the rights of american citizens.
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. Military extraterritorial jurisdiction act wikipedia. Prior to congress passing the military ext raterritorial jurisdiction act, u. However, as this paper intends to show, complex extraterritorial jurisdiction issues arise with increasing frequency in civil, commercial, and. Criminal offenses committed by certain members of the armed forces and by persons employed by or accompanying the armed forces outside the united states. The sources said any charges against blackwater employees probably would come under the military extraterritorial jurisdiction act. Extraterritorial jurisdiction under the active nationality. The list of acronyms and abbreviations related to meja military extraterritorial jurisdiction act. 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. Account of the creation of the military extraterritorial jurisdiction act of. The areas of exclusive and concurrent j urisdic tion are delineated.
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