It is common to complain that the while the use of private military contractors (PMC) has grown rapidly in the past decade, the legal apparatus to hold them accountable has failed to keep pace. But that is not as true as it once was. In fact, there are at least four distinct sources of criminal law that can hold contractors accountable for their actions: (1) international law, (2) host-nation law, (3) U.S. civilian law, and (4) U.S. military law. Of course, all of these have their own limitations and problems, such as jurisdiction and applicability. But military law, at least for the U.S., the world’s biggest consumer of PMC services, military law shows increased promise.

Abstract To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.

(The memorandum opinion dismissing Slough is here.)

Text of H.R. 4567.IH.

Current status: Latest Major Action: 4/26/2010 Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. There are 33 co-sponsors to Rep. Price’s piece of legislation.