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abroad, even though Uniform Code of Military Justice jurisdiction over that person hasceased. 25018.19.3.6 Special Maritime and Territorial Jurisdiction of the United StatesUnder Title 18. U.S. law provides for certain offenses to be prosecuted if they are committed inthe special maritime and territorial jurisdiction of the United States. 251 Such jurisdiction mayinclude, for example, offenses committed by U.S. nationals on the premises of U.S. diplomatic,consular, military, or other U.S. Government missions or entities in foreign States. 252 Thisjurisdiction provides another method by which U.S. law may be used to punish conduct thatviolates the law of war. 25318.19.3.7 U.S. Military Commissions. U.S. statutes authorize the prosecution ofalien unprivileged enemy belligerents for certain offenses. 254 The Secretary of Defense haspromulgated additional rules of procedure and rules of evidence applicable to suchproceedings. 255250 See, e.g., United States v. Green, 654 F.3d 637, 640-41 (6th Cir. 2011) (“Steven D. Green was convicted andsentenced to life in prison for participating in a sexual assault and multiple murders while stationed in Iraq as aninfantryman in the United States Army. Before senior Army officials became aware that Green and three fellowservicemembers were involved in these crimes, Green was discharged due to a personality disorder. When officialsdiscovered Green’s involvement in the crimes, his three coconspirators were still on active duty in the Army andthus subject to the Uniform Code of Military Justice. They were tried by courts-martial and each sentenced tobetween 90 and 110 years imprisonment, which rendered them eligible for parole in ten years. However, the Armyhad no authority to court-martial Green because he had already been discharged. Thus, civilian prosecutors chargedGreen under the Military Extraterritorial Jurisdiction Act, which extends federal criminal jurisdiction to persons whocommit criminal acts while a member of the Armed Forces but later cease to be subject to military jurisdiction. Afederal court jury convicted Green of a number of crimes, including murder and sexual assault, and the district courtsentenced him to five consecutive life sentences.”).251 See, e.g., 18 U.S.C. § 1111 (“(b) Within the special maritime and territorial jurisdiction of the United States,Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life; Whoever isguilty of murder in the second degree, shall be imprisoned for any term of years or for life.”).252 18 U.S.C. § 7 (“The term ‘special maritime and territorial jurisdiction of the United States’, as used in this title,includes: … (9) With respect to offenses committed by or against a national of the United States as that term is usedin section 101 of the Immigration and Nationality Act—(A) the premises of United States diplomatic, consular,military or other United States Government missions or entities in foreign States, including the buildings, parts ofbuildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective ofownership;”).253 See, e.g., United States v. Passaro, 577 F.3d 207, 210-12 (4th Cir. 2009) (“This case arises from the conviction ina United States federal court of an American citizen for the brutal assault on an Afghan national in Afghanistan. Ajury in the Eastern District of North Carolina found David A. Passaro, a Central Intelligence Agency civiliancontractor, guilty of assault on Abdul Wali. The assault occurred in 2003 at Asadabad Firebase, a United StatesArmy outpost in Afghanistan. … The Government predicated federal criminal jurisdiction in this case on the specialmaritime and territorial jurisdiction statute.”).254 10 U.S.C. § 948c (“Any alien unprivileged enemy belligerent is subject to trial by military commission as setforth in this chapter.”).255 DEPARTMENT OF DEFENSE, Manual for Military Commissions (Aug. 14, 2012); DEPARTMENT OF DEFENSE,Manual for Military Commissions (Apr. 27, 2010).1105

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