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DODD 5525.11

CRIMINAL JURISDICTION OVER CIVILIANS EMPLOYED BY OR ACCOMPANYING THE ARMED FORCES OUTSIDE THE UNITED STATES, CERTAIN SERVICE MEMBERS, AND FORMER SERVICE MEMBERS

active, Most Current
Organization: DODD
Publication Date: 3 March 2005
Status: active
Page Count: 35
scope:

This Instruction:

Implements policies and procedures, and assigns responsibilities, under the "Military Extraterritorial Jurisdiction Act of 2000," as amended by Section 1088 of the "Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005" (reference (a)) (hereinafter the "Act") for exercising extraterritorial criminal jurisdiction over certain current and former members of the U.S. Armed Forces, and over civilians employed by or accompanying the U.S. Armed Forces outside the United States.

Implements Section 3266 of the Act.

APPLICABILITY AND SCOPE. This Instruction applies to the Office of the Secretary of Defense, the Military Departments (including the Coast Guard when it is not operating as a Service of the Department of the Navy under agreement with the Department of Homeland Security (DHS)), the Chairman of the Joint of Staff, the Combatant Commands, the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter referred to collectively as the "DoD Components"). The term "Armed Forces," as used herein, refers to the Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard; and their respective National Guard and Reserve components. The term "Military Departments," as used herein, refers to the Department of the Army, the Department of the Navy, and the Department of the Air Force.

The Coast Guard usually operates as a separate branch of the Armed Forces in the DHS. However, as stated by Presidential Directive, the Coast Guard operates as a Military Service within the Department of the Navy and becomes part of the Department of Defense. This Instruction shall apply to the Coast Guard as permitted by the Act.

The Uniform Code of Military Justice (UCMJ) (reference (b)) is established in title 10, U.S.C. (reference (b)), in which jurisdiction and prosecution of crimes is by courts-martial. The UCMJ offenses are expressly extraterritorial and apply outside the United States. (See section 805 of reference (b).) In addition to the UCMJ, the U.S. Code (U.S.C.) establishes a separate body of U.S. criminal laws with jurisdiction and prosecution of crimes in the District Courts of the United States. As used in this Instruction, all references to "Federal" statutes, laws, or jurisdiction are to that body of law, unless otherwise indicated.

Document History

DODD 5525.11
March 3, 2005
CRIMINAL JURISDICTION OVER CIVILIANS EMPLOYED BY OR ACCOMPANYING THE ARMED FORCES OUTSIDE THE UNITED STATES, CERTAIN SERVICE MEMBERS, AND FORMER SERVICE MEMBERS
This Instruction: Implements policies and procedures, and assigns responsibilities, under the "Military Extraterritorial Jurisdiction Act of 2000," as amended by Section 1088 of the "Ronald W....

References

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