Court-martial proceedings against civilian defense contractor in Iraq.

• Author: Crook, John R.

In 2006, Congress amended the Uniform Code of Military Justice (UCMJ) to authorize trials by courts-martial of certain civilians accompanying the armed forces outside the United States in a "contingency operation." In April 2008, the U.S. Army initiated the first such proceedings, against a civilian contractor interpreter who allegedly stabbed another contractor in Anbar Province in Iraq in February. The defendant, a civilian with dual Iraq-Canadian citizenship, was charged with aggravated assault.

This is the first time since 1968 that a contractor has been charged under the UCMJ. (Civilian courts reversed the court-martial convictions of civilians during the Vietnam War because Congress had not formally declared war, and some observers predicted that the constitutionality of the new legislation subjecting civilians to military jurisdiction also would be challenged.) (1) The press release announcing the charges follows:

Multi-National Corps-Iraq announced April 5 that a civilian contractor, who is accompanying the force, has been charged with aggravated assault under military law. Alaa "Alex" Mohammad Ali is the first contractor to be charged under a 2006 amendment to the Uniform Code of Military Justice--Section 552 of the National Defense Authorization Act of Fiscal Year 2007 (October 17, 2006). He is accused of stabbing another contractor. He is presumed to be innocent of this offense until, and unless, he is proven...