Getting Away With Murder (in Iraq)

Factual Questions
1

The best way of getting away with murder is not to get caught, but lets look at what seems to be a gap in the legal framework.

Consider a CIA civilian deployed in Iraq. Let’s say he kills an American soldier in the barracks. OK, legally, what can the US do to him?

The only option I see is to hand him over to an Iraqi court. I presume the Americans would not want James Bond in Iraqi custody, and so I guess they would haul him back to the US and fire him.

Certainly UCMJ does not apply. Does some Federal District Court handle cases in Iraq?

A legal, not political sort of question.

2

Actually, the UCMJ does apply “In time of war, [to] persons serving with or accompanying an armed force in the field.” Cite. For the purpose of this provision, I do not know what constitutes “a time of war.”

3

Of course you are right, but I have never, ever heard of a civilian being brought up on charges under the UCMJ. Does it ever happen?

4

In spy fiction, it’s depicted that intelligence agencies have secret “in-house” tribunals for agents who break the law but can’t be tried in open court. Any truth to this?

5

It did happen. In Reid v. Covert, the Supreme Court held that it was unconstitutional for the US to try military dependants (two wives who murdered their husbands who were in the military) was unconstitutional.

6

So, yes and no. First, absent a treaty such as the ones discussed in Reid v. Covert, the host nation has jurisdiction, and can prosecute crimes committed in its territory. Assuming the host nation does not prosecute, the US can remove the perpetrator to the US for trial.

7

Here is a very good article on the subject.

8

Thank you all, a most impressive bunch of answers.

9

An detailed review of MEJA.

10

BTW, even before MEJA, the murder of a US citizen on foreign soil was covered by US criminal laws: Our jurisdiction applied “Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.” http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+18USC7

In other words, the US had prescriptive jurisdiction.

In those cases, the issue was whether the US had authority to arrest and prosecute the culprits. Cases like *Reid * dealt with the procedures that the US had to follow when it did prosecute.