Extraterritorial jurisdiction plays a significant role in regulation of transnational anticompetitive practices. Introduction datas intangibility poses significant difficulties for determining where data is located. And at first glance, this new jurisprudence seems sensible. Nevertheless, a number of american criminal laws apply extraterritorially outside of the united states. However, for the claim to be effective in the external territory except by the exercise of force. The sources said any charges against blackwater employees probably would come under the military extraterritorial jurisdiction act. Traditionally, the exercise of jurisdiction by a state was generally limited to persons, property and acts within its territory. The eaa establishes a comprehensive system of american export i see infra text accompanying notes 4964. The list of acronyms and abbreviations related to meja military extraterritorial jurisdiction act. Extraterritorial application of american criminal law.
Military extraterritorial jurisdiction act meja of 2000, 18 u. Military extraterritorial jurisdiction act meja 18 u. Criminal offenses committed by certain members of the armed forces and by persons employed by or accompanying the armed forces outside the united states. Military extraterritorial jurisdiction act of 2000 2000. The military extraterritorial jurisdiction act meja is a law intended to place military contractors under u. Creation of the military extraterritorial jurisdiction act before the promulgation of the meja, heinous crimes like murder, child abuse, and rape often escaped prosecution when committed by an american civilian on an overseas military base. Section 7 defines the term special maritime and territorial jurisdiction, which we conclude includes permanent u. As the law is not settled in some areas, this also raises questions about the practice of states and policy issues. Ucmj jurisdiction over civilians is only permitted in two instances. The law was used to prosecute former marine corps sgt.
Extraterritorial jurisdiction act meja8 by passing its corollary, the civil ian extraterritorial jurisdiction act ceja. Report of the task force on extraterritorial jurisdiction. United states, 6 where imperial oil in canada was ordered to be divested from standard oil. The phenomenon of extraterritorial jurisdiction, or the exercise of legal power beyond territorial borders, presents lawyers, courts, and scholars with analytical onions comprising layers of national and international legal issues. 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. Direct the justice department to create new investigative units to investigate, arrest and prosecute contractors and employees who commit. A territorial justification for extraterritorial jurisdiction 1227 1 extradition or expulsion cases. Code chapter 212 military extraterritorial jurisdiction.
Passed house amended 07252000 military extraterritorial jurisdiction act of 2000 amends the federal criminal code to impose penalties upon an individual who while employed by or accompanying the armed forces outside the united states, or while a member of the armed forces outside the united states, engages in conduct that would constitute an. Military the united states of america in congress assembled, extraterritorial jurisdiction act section 1. A military practitioners guide to the military extraterritorial jurisdiction act in contingency operations major aimee m. A free, open platform to read, write, share, discuss and act on human rights and democratisation. Overview of the courtmartial jurisdiction under amended article 2a10, ucmj 1. Compare to a previous version to see how the bill has changed.
Courtmartial jurisdiction under amended article 2a10. Criminal law extraterritorial jurisdiction act 2019 no. Payasyougo estimate for the bill as cleared by the congress on october 26, 2000. Us prosecution of pmc employees, both us and foreign nationals,45 is, for instance, possible under the military extraterritorial jurisdiction act meja46 and the uniform code of military justice ucmj. Any authority can claim etj over any external territory they wish. The civilian extraterritorial jurisdiction act will. Reform act of 1975 provides a solution to the presently sxisting jurisdictional void in this area by creating extraterritorial federal jurisdiction over citizens not subject to the uniform code of military justice.
Fidh and redress are publishing a report giving an overview of the current laws and practices in the 27 member states of the european union, as well as in norway and switzerland, concerning extraterritorial jurisdiction for prosecution of crimes under international law. The military extraterritorial jurisdiction act and its. The military extraterritorial jurisdiction act dtic. Extraterritorial jurisdiction of states parties to the. Posts about extraterritorial jurisdiction written by rights. Extraterritorial members act only on matters affecting the extra territorial area unless the city ordinance specifically grants them equal authority on matters within the city. The military extraterritorial jurisdiction act and its implications. Military extraterritorial jurisdiction act meja department of justice. This act may be cited as the military extraterritorial jurisdiction act of 1999.
Public law 106 523 military extraterritorial jurisdiction act of. Military extraterritorial jurisdiction act uncle sam. Chapter 212 military extraterritorial jurisdiction sec. Recent operations highlight civilian employees importance to the military mission. Prior to congress passing the military ext raterritorial jurisdiction act, u. Passed in 2000, the military extraterritorial jurisdiction act meja applies u. The legislation expands on the military extraterritorial jurisdiction act meja, which provides similar criminal jurisdiction over department of defense employees and contractors but does not. To amend title 18, united states code, to clarify and expand federal criminal jurisdiction over federal contractors and employees outside the united states, and for other purposes. In an analogous context, the supreme court has long required what amounts to a nexus. Bateman advising military families with special needs children.
This statute gives the united states judicial system the ability to exercise jurisdictional control over american civilians committing felonies on. Its interpretation affects both national security and the rights of american citizens overseas. Extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. 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. Military extraterritorial jurisdiction act of 2000 united states. Extraterritorial application of american criminal law congressional research service summary criminal law is usually territorial. Military extraterritorial jurisdiction act of 2000. The act applies to felony level offenses that would apply under federal law if the offense had been committed within the special maritime and territorial jurisdiction of the united states. Be it enacted by the senate and house of representatives of. Extraterritorial jurisdiction etj is the legal ability of a government to exercise authority beyond its normal boundaries any authority can claim etj over any external territory they wish. React to this bill with an emoji save your opinion on this bill on a sixpoint scale from strongly oppose to.
The military extraterritorial jurisdiction act, by lcdr kathleen a. The military extraterritorial jurisdiction act meja, 18 u. In the us, extraterritorial impacts in this field first arose from standard oil co. Meja military extraterritorial jurisdiction act acronymfinder. Extraterritorial jurisdiction as a tool for improving the. The second question goes to the appropriateness of a state asserting extraterritorial jurisdiction in a given case.
These implications of datas intangibility challenge. Extraterritorial jurisdiction is the situation when a state extends its legal power beyond its territorial boundaries. This paper examines that question through the lens of international law. Federal contractor criminal liability oversea congressional research service summary the united states government uses hundreds of thousands of civilian contractors and employees overseas. Title 18, united states code, is amended by inserting after chapter 211 the following new chapter. Military and federal jurisdiction under the act are compared. The jfc and staff should be familiar with statutory, legal, and command requirements.
Closing the gap on november 22, 2000, president clinton signed into law the military extraterritorial jurisdiction act of 2000,1 closing ajurisdictional gap that had concerned the military since the 1950s. It finds that under international principles, extraterritorial jurisdiction is often legal, with. Civilian extraterritorial jurisdiction act ceja of 2011. Its interpretation affects both national security and the rights of american citizens. The military extraterritorial jurisdiction act of 2000. The overwhelming majority of cities in north carolina with extraterritorial jurisdictionover 90 percentallow extraterritorial members to vote on all matters coming. The problem is not that data is located nowhere,1 but that it may be located anywhere, and at least parts of it may be located nearly everywhere.
Therefore, the acts of the danish ambassador, of which the applicant had complained, had affected people within the jurisdiction of the danish authorities. However, for the claim to be effective in the external territory except by the exercise of force, it must be agreed either with the legal authority in the external territory, or with a legal authority. The act provides for an initial appearance proceeding. Throughout our history, civilians have accompani ed the force during operations. Generally, iraqi courts do not have jurisdicti on to prosecute contractors w ithout the permission of the relevant member country of the multinational forces in iraq. Military extraterritorial jurisdiction act of 2000, 51 cath. They and their dependants are often subject to local prosecution for the crimes they commit abroad. Handbook for armed private security contractors in. Extraterritorial jurisdiction 1 the states legal capacity to prohibit or regulate conduct outside of its national borders. This act may be cited as the military extraterritorial jurisdic tion act of 2000. And access to data does not depend on physical proximity. Extraterritoriality can also be applied to physical places, such as foreign embassies, military bases of foreign countries, or offices of the united nations. Extraterritorial jurisdiction for planning and development. Military and federal jurisdiction under the act are compared and contrasted with a view toward delineating the areas of exclusive.
It is a matter of the law of the place where it occurs. As part of his foreign service agreement brehm acknowledged and accepted that he may be subject to u. An act to amend title 18, united states code, to establish federal jurisdiction over offenses committed outside the united states by persons employed by or. Schmitt, closing the gap in criminal jurisdiction over civilians accompanying the armed forces abroada first person account of the creation of the military extraterritorial jurisdiction act of 2000, 51 cath. Table of legislation published on 24 feb 2017 by edward elgar publishing.
Cost estimate for the bill as ordered reported by the house committee on the judiciary on june 27, 2000. 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. The law was initially enacted to apply to only to those civilians employed by or accompanying the armed forces, but in 2004 was amended to extend to other civilian contractors and federal employees abroad whose work is in support of the armed. Statutory sources the most important statutory sources prescribing unilateral u. Federal contractor criminal liability oversea congressional research service 1 introduction the united states government utilizes the services of hundreds of thousands of employees and contractors overseas. Courtmartial jurisdiction under amended article 2a10, ucmj.
The three most common cases recognized today internationally relate to the persons and belongings of. In time of war, persons serving with or accompanying an armed force in the field. However, as this paper intends to show, complex extraterritorial jurisdiction issues arise with increasing frequency in civil, commercial, and. Meek tjaglcs features lore of the corps from west point to michigan to china. Overview of the military extraterritorial jurisdiction act meja. This act may be cited as the military extraterritorial jurisdic 18 usc 3261 tion act of 2000. Extraterritorial jurisdiction etj is the legal ability of a government to exercise authority beyond its normal boundaries. 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. After september 11, 2001, additions and modifications to federal law placed renewed focus on the ability of the government to prosecute american citizens for extraterritorial misconduct that violates the law of war. The 2007 national defense authorization act amended article 2a10 as follows. Before sharing sensitive information, make sure youre on a federal. Using extraterritorial jurisdiction to prosecute violations. Military extraterritorial jurisdiction act wikipedia. United states, where imperial oil in canada was ordered to be divested from standard oil.
Extraterritorial jurisdiction national action plans on. The new law establishes federal jurisdiction for crimes committed by civilians. A number of federal criminal statutes, however, enjoy extraterritorial applicati on. Extraterritorial economic sanctions and their foundation in international law 633 examples the us9can legally claim such extraterritorial regulatory authority. The notification procedures and information requirements ofdod instruction 5525. Restatement third of the foreign relations law of the united states2 divides jurisdiction into three categories. Litigating abuses committed by private military companies.
Military extraterritorial jurisdiction act meja overview. Meja was a bill passed in 2000 that allowed persons who are employed by or accompanying the armed forces overseas may be prosecuted under the military extraterritorial jurisdiction act of 2000 for any offense that would be punishable by imprisonment for more than one year if committed within the special maritime and territorial jurisdiction of the united states. Military extraterritorial jurisdiction act meja permits federal prosecution. Extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Examples include where a state maintains jurisdiction over its citizens when they are overseas, and where certain criminal offences can be prosecuted in a state regardless of where they were committed e. Contractors and the civilian extraterritorial jurisdiction act. District court upholds extraterritorial enforcement of the. Act to extend the criminal law of the state to certain conduct engaged in outside the state and in that regard to give effect to certain provisions of the council of europe convention on preventing and combating violence against women and domestic violence done at istanbul on 11 may 2011. The military extraterritorial jurisdiction act meja is a critical statute for the future of the united states military and the american public. Extraterritoriality can also be applied to physical places, such as foreign embassies, military bases of foreign countries, or offices. The inclusion of an area in the extraterritorial jurisdiction of a municipality does not by itself authorize the municipality to impose a tax in the area.
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