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• certain acts involving biological weapons; 244• certain acts involving chemical weapons; 245 and• certain acts involving nuclear weapons. 24618.19.3.5 Extraterritorial Application of Certain Federal Offenses ThroughMEJA. U.S. law makes special provision for certain conduct that is committed outside theUnited States to be prosecuted as though it were committed inside the United States.U.S. law, under the Military Extraterritorial Jurisdiction Act (MEJA), permits the UnitedStates to prosecute individuals who committed certain offenses outside the United States (i)while employed by or accompanying the U.S. armed forces overseas; or (ii) while a member ofthe U.S. armed forces subject to the Uniform Code of Military Justice. 247 MEJA cannot be usedagainst a member of the Armed Forces who is subject to the Uniform Code of Military Justiceunless (i) such member ceases to be subject to the Uniform Code of Military Justice; or (ii) anindictment or information charges that the member committed the offense with one or more otherdefendants, at least one of whom is not subject to the Uniform Code of Military Justice. 248Provisions of MEJA have been implemented through DoD regulations. 249Among other things, MEJA provides a way for U.S. domestic law to be used to punishconduct that violates the law of war. For example, under MEJA, a former service member couldbe prosecuted for a murder committed while a member of the armed forces during armed conflict244 18 U.S.C. § 175.245 18 U.S.C. § 229.246 18 U.S.C. § 831.247 18 U.S.C. § 3261(a) (“Whoever engages in conduct outside the United States that would constitute an offensepunishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritimeand territorial jurisdiction of the United States—(1) while employed by or accompanying the Armed Forces outsidethe United States; or (2) while a member of the Armed Forces subject to chapter 47 of title 10 (the Uniform Code ofMilitary Justice), shall be punished as provided for that offense.”).248 18 U.S.C. § 3261(d) (“No prosecution may be commenced against a member of the Armed Forces subject tochapter 47 of title 10 (the Uniform Code of Military Justice) under this section unless—(1) such member ceases tobe subject to such chapter; or (2) an indictment or information charges that the member committed the offense withone or more other defendants, at least one of whom is not subject to such chapter.”).249 DOD INSTRUCTION 5525.11, Criminal Jurisdiction Over Civilians Employed By or Accompanying the ArmedForces Outside the United States, Certain Service Members, and Former Service Members, 2.5 (Mar. 3, 2005)(“This Instruction: 1.1. Implements policies and procedures, and assigns responsibilities, under the “MilitaryExtraterritorial Jurisdiction Act of 2000,” as amended by Section 1088 of the “Ronald W. Reagan National DefenseAuthorization Act for Fiscal Year 2005” (reference (a)) (hereinafter the “Act”) for exercising extraterritorialcriminal jurisdiction over certain current and former members of the U.S. Armed Forces, and over civiliansemployed by or accompanying the U.S. Armed Forces outside the United States. 1.2. Implements Section 3266 ofthe Act.”).1104

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