Army Sees Gap in Jurisdiction Over Military Contractors

Contractors accompanying U.S. military forces in Iraq or elsewhere who commit crimes may be beyond the reach of law enforcement, a recent Army publication warns (pdf), because the Defense Department has not yet updated its regulations to conform to a Congressional mandate, resulting in a “gap” in legal jurisdiction.

“In November 2006, Congress expanded UCMJ [Uniform Code of Military Justice] authority over contractor personnel authorized to accompany the force. However, as of February 2007, DOD has provided no implementation guidance for this change in law.”

See “Contractors Accompanying the Force – Training Support Package” (pdf), 12 March 2007 (at page 31).

As of mid-March, there was still no such implementation guidance.

“The liability and accountability of contractor personnel in most cases is already provided for in U.S. law, international agreements, conventions, treaties, and Status of Forces Agreements,” another Army document explains (pdf, at page 26).

“However, in some cases a gap may emerge where the contractor personnel are not subject to the UCMJ (only in time of declared war) and the contractor commits an offense in an area that is not subject to the jurisdiction of an allied government (for example, an offense committed in enemy territory).”

“In such cases, the contractor’s crime may go unpunished unless other federal laws, such as the military extraterritorial jurisdiction act (MEJA) or the war crimes act (WCA) apply, or the contractor is otherwise subject to the UCMJ (for example, a military retiree).”

No Responses to “Army Sees Gap in Jurisdiction Over Military Contractors”

  1. sj-on-the-box April 7, 2007 at 3:51 AM #

    Another, in a long line of ethically, morally questionable acts of governance.. onward Christian soldiers.

  2. Mike April 9, 2007 at 10:57 AM #

    Does this mean I can’t have a drink inside the Green Zone? Can I drink at the British Embassy? They have a nice bar.

  3. William Bowers June 9, 2007 at 11:06 PM #

    So you’re saying that contractors are under no type of law. So you’re saying that contractors can violate their employee rights and federal laws who protect the right of employees? And contractors who defraud the military on time sheets? can you explain is this what you’re saying contractors are exempt from these violations because I know of 2 companies who are violating employees rights.

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