Civilian Extraterritorial Jurisdiction Act
The United States increasingly relies on private contractors to perform a range of services – from serving food to providing armed security – in Africa, Latin America, the Middle East, and elsewhere. In Iraq and Afghanistan, private military and security contractors about equal the number of U.S. troops there, and at times have outnumbered them.
Although the Military Extraterritorial Jurisdiction Act (“MEJA”) is applicable to contractors, it applies to contractors and their employees employed by the Department of Defense or from other agencies so long as their employment is related to “supporting the mission of the Department of Defense”. However, for contractors supporting peace-building operations — which will be the vast majority of contractors in Iraq and Afghanistan going forward — there exists a serious U.S. jurisdictional gap.
The Civilian Extraterritorial Jurisdiction Act (“CEJA”) would close this gap, clarifying and expanding criminal jurisdiction over U.S. contractors fielded abroad for serious crimes committed while employed by any department or agency other than the Armed Forces. CEJA would also provide the Justice Department with the manpower and financial resources to increase oversight and accountability by establishing and funding units to investigate allegations of criminal offenses committed by contractors as well as incidents of contractors unlawfully discharging weapons or seriously injuring a person when deployed abroad.
ICAR is committed to supporting the reintroduction and passage of this important piece of legislation.
Analysis and Updates
ICAR Letter Chairman Leahy
Dear Chairman Leahy,
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