contractor Tag Archives — Court-Martial Trial Practice Blog

PMC justice

November 29, 2010 | The Law Office of Philip D. Cave

Here is an interesting read. Kathrine J. Chapman, The Untouchables: Private Military Contractors’ Criminal Accountability under the UCMJ, 63 VANDERBILT L. REV. 1047 (2010).

The author argues that:

PMCs must be held accountable for their criminal actions, not merely to provide personal justice for those injured by their crimes, but also for the strategic objectives of organizing the U.S. military’s
available manpower effectively and retaining the support of citizens both domestic and abroad. At the same time, it is simply impractical to bring criminal sanctions against all PMCs for every possible crime
that they might commit. Criminal sanctions against contractors should, at the very least, reach egregious crimes and should focus on quasi-military PMCs. Operating at the battlefront, quasi-military PMCs pose the greatest threat to the U.S. military’s ability to control the contingency operation. Additionally, because they bear arms and wear uniforms like members of the U.S. military, the local populace is more likely to attribute their actions to the U.S. military. By providing justice for victims, criminal sanctions will further the strategic goal of winning the locals’ support and trust during counterinsurgency efforts.

Bring lawyers, guns, and money

September 30, 2010 | The Law Office of Philip D. Cave

is the title of a pretty good song.

Huffington Post uses this theme as part of a commentary on tensions created by having a lot of civilian contractors deployed. There are some interesting (unattributed) quotes from some JA’s who have been there, done that.

Bring lawyers, guns, and money

September 29, 2010 | The Law Office of Philip D. Cave

is the title of a pretty good song.

Huffington Post uses this theme as part of a commentary on tensions created by having a lot of civilian contractors deployed. There are some interesting (unattributed) quotes from some JA’s who have been there, done that.

A new MEJA prosecution

July 28, 2010 | The Law Office of Philip D. Cave

Military.com reports that:

A former U.S. Army contractor was arrested today in Newport News, Va., for allegedly killing one sailor and seriously injuring another in a vehicular collision in Kuwait[.]

Hanks is charged under the Military Extraterritorial Jurisdiction Act (MEJA), a statute that gives U.S. courts jurisdiction to prosecute crimes committed outside the United States by, among others, contractors or subcontractors of the Department of Defense. If convicted, Hanks faces up to 10 years in prison.
The case was investigated by the U.S. Army’s Criminal Investigative Division and is being prosecuted by Senior Trial Attorneys Micah D. Pharris and Steven C. Parker of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Eric Hurt for the Eastern District of Virginia.