SECDEF on Military Law Enforcement Authority Abroad
The authority of a military commander to arrest and detain U.S. civilians suspected of committing a crime outside of the United States and within that commander’s area of responsibility is detailed in a recent memorandum (pdf) from Secretary of Defense Robert M. Gates.
“There is a particular need for clarity regarding the legal framework that should govern a command response to any illegal activities by Department of Defense civilian employees and DoD contractor personnel overseas with our Armed Forces,” Secretary Gates wrote.
Ordinarily, civilians who violate U.S. criminal laws are to be prosecuted by the Department of Justice and commanders are to notify DoJ whenever such cases arise.
However, the Gates memo states, “Commanders should be prepared to act, as appropriate, should possible U.S. federal criminal jurisdiction prove to be unavailable to address the alleged criminal behavior.”
See “UCMJ Jurisdiction Over DoD Civilian Employees, DoD Contractor Personnel, and Other Persons Serving With or Accompanying the Armed Forces Overseas During Declared War and in Contingency Operations,” memorandum from the Secretary of Defense, March 10, 2008.
The memorandum was previously reported by Sebastian Sprenger in InsideDefense.com.
Extreme heat is the leading weather-related cause of injury and death and innovations in the built environment can save money and lives.
By requiring all states to conduct flood infrastructure vulnerability assessments (FIVAs), the federal government can limit its financial liability while advancing a more efficient and effective model of flood resilience that puts states and localities at the fore.
FAS is invested in seeing more students gain science and technology skills and enter STEM careers, both for students and for our country’s competitive advantage.
To sustain America’s leadership in AI innovation, accelerate adoption across the economy, and guarantee that AI systems remain secure and trustworthy, we offer a set of policy recommendations.