Army may not be able to prosecute 'criminal' contractors

Michael RostonPublished: Friday April 6, 2007

A presentation prepared by the US Army shows that there still exist situations in which the military may not be able to prosecute private contractors who commit crimes.

This slide, with explanatory documentation, was publicized today by Secrecy News, a publication of the Federation of American Scientists Project on Government Secrecy.

"Contractors accompanying U.S. military forces in Iraq or elsewhere who commit crimes may be beyond the reach of law enforcement...because the Defense Department has not yet updated its regulations to conform to a Congressional mandate, resulting in a 'gap' in legal jurisdiction," wrote Steven Aftergood, the project's director.

The presentation of the Combined Arms Support Command's Training Division noted that liability and accountability for contractors is often set in advance. But in some cases, Army law may not apply.

"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," the explanatory notes say.

Although legislation last year expanded military law enforcement to cover contractors, the Defense Department has yet to issue regulations implementing the legislation.

"Given the lack of DoD implementation guidance, this [Training Support Package] does not include discussion on UCMJ authority over contractor personnel except in times of declared war and over retired military personnel," it adds.

Aftergood's note on the slides, with access to the source documents, are accessible at the FAS blog.

LinkHere