Pentagon Confirms Contractor Accountability

In a memo dated March 10, Secretary of Defense Bill Gates (pictured) reiterated the accountability of US private security contractors to the Uniform Code of Military Justice. He writes:

On October 17, 2006, the Uniform Code of Military Justice (UCMJ) was amended to extend UCMJ jurisdiction over persons serving with or accompanying US armed forces in the field.... Since then, commanders have had avaliable this additional UCMJ disciplinary authority.

The unique nature of this extended UCMJ jurisdiction over civilians requires sound management over when, where and by whom such jurisdiction is exercised. There is a particular need for clarity regarding the legal framework that should govern a command response to any illegal activities by Department of Defense civilian employees and DoD contractor personnel overseas with our Armed Forces.

This latest memo from Secretary Gates does precisely that, clarifying once again that PSCs like Blackwater are accountable to the military when serving with it.

US contractors don't operate 'above the law'

Those who say private security contractors are operating "above the law" don't seem to know very much about the laws and regulations already on the books that govern the profession.

Mark Hemingway writes in the National Review Online, "The truth is that contractors are not above the law, but rather well within the reach of several different codes and regulations and nobody’s exactly sure how one would go about exacting legal remedies against them should they be needed.

"The change regarding the [Unifoorm Code of Military Justice] UCMJ was inserted into the 2007 Defense Authorization Act by Senator Lindsay Graham who noted that the change would “give military commanders a more fair and efficient means of discipline on the battlefield. The provision clarifies the Uniform Code of Military Justice to place civilian contractors accompanying the Armed Forces in the field under court-martial jurisdiction during contingency operations as well as in times of declared war.”

Senator Graham is a reserve Joint Advocate General (JAG) officer.