Judge Advocate Generals School

The Exercising of Military and Extraterritorial Jurisdiction Over Civilians and War Crimes Judge Advocate Generals School

This book examines the current state of military and federal extraterritorial jurisdiction over offenses committed in foreign countries by civilians accompanying the armed forces and by former servicemen. The Criminal Justice Reform Act of 1975 provides a solution to the presently existing jurisdictional void in this area by creating extraterritorial federal jurisdiction over citizens not subject to the Uniform Code of Military Justice. Military and federal jurisdiction under the Act are compared and contrasted with a view toward delineating the areas of exclusive and concurrent jurisdiction. Changes in the extraterritorial provisions of the Act are recommended to insure that jurisdiction over offenses by former servicemen is obtained. The book concludes by recommending policies and procedures for determining whether the military or civilian authorities should prosecute civilians in time of declared war. Additionally, prosecution of civilians and former servicemen for war crimes in the federal courts or by military commission is advocated.