Hello. I am looking for the report:
"Advisory Committee On Criminal Law Jurisdiction Over Civilians Accompanying The Armed Forces In Time Of Armed Conflict", also named Overseas Jurisdiction Advisory Committee. It is a joint DOD-DOJ legal report in 1997.
National Defense Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, § 1151, 110 Stat. 186 (1996).
report "Advisory Committee On Criminal Law Jurisdiction Over Civilians Accompanying The Armed Forces In Time Of Armed Conflict", named Overseas Jurisdiction Advisory Committee
the report is cited in the following 7 law review articles.
Cooke, BRIGADIER GENERAL JOHN S. THE TWENTY-SIXTH ANNUAL KENNETH J. HODSON LECTURE: MANUAL FOR COURTS-MARTIAL. 156 Military Law Review 1 (June 1998).
"...n43 Specifically, the Overseas Jurisdiction Committee recommended extending jurisdiction to federal (Article III) courts to try such offenses which are punishable by imprisonment for more than one year if committed within the special maritime and territorial jurisdiction of the United States. See 18 U.S.C. § 7 (1994)."
Fallon, Andrew and Captain Theresa A. Keene, USAF
ARTICLE: Closing the Legal Loophole? Practical Implications of the Military Extraterritorial Jurisdiction Act of 2000. 51 The Air Force Law Review 271 (2001).
"...n7 REPORT OF THE ADVISORY COMMITTEE ON CRIMINAL LAW JURISDICTION OVER CIVILIANS ACCOMPANYING THE ARMED FORCES IN TIME OF ARMED CONFLICT (April 18, 1997) [hereinafter THE OVERSEAS JURISDICTION ADVISORY COMMITTEE REPORT]..."
Fidell. Eugene R. A World-Wide Perspective On Change In Military Justice. 48 The Air Force Law Review 195 (2000).
"...n56 The question of jurisdictional gaps remains in play in the United States. The report prepared in response to section 1151 of the National Defense Authorization Act for Fiscal Year 1996, 110 Stat. 186 (1996), addressed British
and Canadian experience. Overseas Jurisdiction Advisory Committee, Report Of The Advisory Committee On Criminal Law Jurisdiction Over Civilians Accompanying The Armed Forces In Time Of Armed Conflict, 30-32 (1997); see also S. 768, 106th
Cong. (1999) (proposed Military and Extraterritorial Jurisdiction Act of 1999)..."
Jordan J. Paust. COMMENT: Non-Extraterritoriality of "Special Territorial Jurisdiction" of the
United States: Forgotten History and the Errors of Erdos. 24 Yale Journal of International Law 305 (Winter 1999).
"...n75. See Overseas Jurisdiction Advisory Comm., Report to the Secretary of Defense, the Attorney General, and the Congress of the United States 9 (1997) (""jurisdictional gaps' exist with respect to "civilians accompanying the armed forces in foreign countries" and are "not news to the Congress or to other U.S. Government entities")..."
Perlak, Major Joseph R. The Military Extraterritorial Jurisdiction Act of 2000: Implications for Contractor Personnel. 169 Military Law Review 92 (September 2001).
"...n35 For an exhaustive list of federal criminal statutes that already have express or implied extraterritorial effect, see CHAIR, OVERSEAS JURISDICTION ADVISORY COMMITTEE, OFFICE OF THE GENERAL COUNSEL, DEP'T OF DEFENSE, REPORT OF THE ADVISORY COMMITTEE ON CRIMINAL LAW JURISDICTION OVER CIVILIANS ACCOMPANYING THE ARMED FORCES IN TIME OF ARMED CONFLICT 40-41 (1997) [hereinafter ADVISORY COMMITTEE REPORT]..."
Schmitt, Glenn R. Closing the Gap in Criminal Jurisdiction Over Civilians Accompanying the Armed Forces Abroad--A First Person Account of the Creation of the Military Extraterritorial Jurisdiction Act of 2000. 51 The Catholic University Law Review 55 (Fall 2001).
"...n32 Report of the Advisory Committee on Criminal Law Jurisdiction Over Civilians Accompanying the Armed Forces in Time of Armed Conflict 16 (Apr. 18, 1997) [hereinafter Overseas Jurisdiction Advisory Committee Report]..."
"...n132 Office of the Inspector General, Department of Defense, Evaluation of Military Criminal Investigative Organizations' Investigative Effectiveness Regarding U.S. Forces Civilians Stationed Overseas. No. 9950009I, 7-10 (Sept. 7, 1999) [hereinafter DoD IG Report]; Overseas Jurisdiction Advisory Committee Report, supra note 32, at 26; see also, Roesler, supra note 1..."
New York Law Journal. June 21, 2000, p.25.
International Law: Federal Court Lacks Jurisdiction Over Civilian in Military Installation Overseas; U.S., appellee v. Gatlin, defendant-appellant; Decided June 15, 2000; Before Cabranes and Pooler, C.JJ. and Carman, J. *;
mentioned at
http://www.archives.gov/federal_register/agencies_and_functions/1996.txt
http://commdocs.house.gov/committees/judiciary/hju64399.000/hju64399_0.htm
Thank you.
Mike Yared
Technical Information Services Office (TISO)
Institute for Defense Analyses
Alexandria, VA 22311-1882
myared@ida.org
http://www.ida.org
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