Interesting news on the legal front. The Civilian Extraterritorial Jurisdiction Act has been brought up before in the past to give DoJ the jurisdiction necessary to prosecute non-military related contractors. Which is a significant portion of US government contractors. This group would include DoS or ‘other government agency’ type contractors, and this legislation would close that gap. Currently the MEJA covers military related contractors.
Why this is important, and especially now, is that contractors currently work in countries where they are not covered by a SOFA or have immunity. They are basically at the mercy of the local judicial process. CEJA, like MEJA, would give the US government jurisdiction over contractors that it hires for work in these countries that have no SOFA in place to cover them. Iraq is an example of such arrangement and WPS guys and embassy protection forces are there, currently working for DoS. CEJA would give jurisdiction for prosecution to the US government.
In other words, if you ran into trouble, would you rather be tried in a US legal system or some overseas third world court run by corrupt officials?
Another point with the CEJA is that it further legitimizes the PMSC industry. It helps to take away that argument that we are somehow ‘above the law’ or untouchable. Clients of our services will benefit from having a protective force that can be held accountable.
It will also contribute to a speedier trial. Just ask the contractors involved with the Nisour Square incident, that have been in a legal mess for years. The legal jurisdiction has been a factor.
So we will see where this goes. One critique I do have in regards to this press release is the mention of Jamie Leigh Jones and her case. Whereas the jurisdictional questions about her case are valid to bring up, I find it disingenuous to not mention the fact that she lied about the whole thing.
To read up on the past issues with the CEJA, check out David Isenberg’s commentary on it over the years. Here is a copy of the latest bill and the Congressional Research Service wrote a report on the particulars of why a CEJA is the right thing to do. We will see how the committee treats this one. -Matt
Leahy, Price introduce legislation to hold American contractors overseas accountable
News Release — Sen. Patrick Leahy
July 14, 2014
Contact:?Jessica Brady (w/Leahy) – 202-224-7703?Andrew High (w/Price) – 202-225-1784
Also helps lay groundwork for eventual preclearance arrangements in restoring Vermont-to-Montreal passenger rail service??WASHINGTON (MONDAY, July 14, 2014) – Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Congressman David Price (D-N.C.) renewed their partnership on bicameral legislation to provide accountability for American contractors and government employees working abroad.
The Civilian Extraterritorial Jurisdiction Act (CEJA), which the lawmakers introduced Monday, would close a gap in current law and ensure that government employees and contractors working overseas can be prosecuted for criminal acts they commit abroad. The two lawmakers have worked together on the legislation for years.
The legislation allows the U.S. Justice Department to prosecute government contractors and employees for certain crimes committed overseas. Tragedies like the 2007 killing of unarmed civilians in Baghdad by private security contractors with Blackwater underscore the need for clear jurisdiction and trained investigative and prosecutorial task forces able to hold wrongdoers accountable. Four Blackwater guards involved in the Nisour Square shooting are currently on trial.
“The Blackwater trial is only just now under way, seven years after this tragedy, and the defendants continue to argue in court that the U.S. government does not have jurisdiction to prosecute them,” Senator Leahy said. “This bill would also provide greater protection to American victims of crime, as it would lead to more accountability for crimes committed by U.S. government contractors and employees against Americans working abroad.”