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View Diary: Military contractors: How did we get here? (34 comments)

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  •  They are under the UCMJ: (5+ / 0-)
    Recommended by:
    shpilk, bronte17, va dare, Catrina, dantyrant

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    U.S. Military Contractors operating in combat zones are now subject to the Uniform Code of Military Justice (UCMJ). Congress quietly made this change as part of the FY 2007 Military Authorization Act.

    The provision makes a very small, but important change to Article 2 of the UCMJ. Under previous law, the UCMJ only applied to civilians in combat areas during periods of war declared by Congress.

    Paragraph a (10) of Article 2 originally read, "(10) In time of war, persons serving with or accompanying an armed force in the field."

    In a Vietnam-era case, the Court of Military Appeals set aside the conviction of a civilian contractor in Saigon because it construed the old Art. 2(a)(10) to apply only in cases of declared war. United States v. Averette, 19 C.M.A. 363, 41 C.M.R. 363 (1970).

    The new provision changes this paragraph to read: "In time of declared war or a contingency operation, persons serving with or accompanying an armed force in the field."

    "We now know many things.... most of which, we already knew." - dash888

    by Tirge Caps on Sun Jun 10, 2007 at 10:02:31 AM PDT

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