The bottom line recommendation of the committee was to amend Art. 2(a)(10) to include civilians under the UCMJ in times of declared contingency operations. Where have I seen that?
But, the devil is in the details. The Committee had the following to say about which contingency operations and personnel should fall within their proposed amendment:
The committee believes that creation of a "contingency operation'' by operation of law under section 101(a) (13) (B) is not sufficiently precise to limit application of new Article 2(a) (13) to the areas affected by the contingency operation or to give clear notice to the personnel concerned. Second, the committee's recommendation requires SecDef to also designate the places outside the United States where civilians supporting the contingency operation will be subject to court-martial jurisdiction under new Article 2(a) (13). This will permit the Secretary the flexibility to include civilians participating in the contingency operation in the place that is the objective of the contingency operation, and also those directly supporting the contingency operation in other nearby places. However, this provision will also protect civilians at installations far removed from the site of the contingency operation, even though their work may have some connection to that operation.In case you were wondering, the current conflicts in Iraq and Afghanistan fall under 10 U.S.C. 101(a)(13)(B). See Major Karl Kuhn, Field Manual (FM) 3-100.21, Contractors on the Battlefield, Supersedes FM 100-21, Army Lawyer, at 137 (Jan. 2004). Interestingly, one rationale for this distinction was taken from an article by Major Susan Gibson titled "Lack of Extraterritorial Jurisdiction Over Civilians: A New Look at an Old Problem." The Committee wrote:
Major Gibson emphasizes that the exercise of military jurisdiction in [only 10 USC 101(a)(13)(A) contingency operations] would be limited in scope and time: few civilians would be covered and contingency operations are, by definition, of limited duration.The Memo contains lots of other great perspectives about contractors on the battlefield. I'll post anything else that I find of interest. How did I miss this before?