An Axiom of Military Law : Applicability of National Criminal Law to Military Personnel and Associated Civilians Abroad

States regularly deploy elements of their armed forces abroad. When that happens, the military personnel concerned largely remain governed by the penal law of the State that they serve. This extraterritorial extension of national criminal law, which has been treated as axiomatic in domestic law and ignored by international law scholarship, is the subject of this dissertation. The first part of the study considers the ambit of national criminal law without any special regard to the armed forces. It explores the historical development of the currently prevailing system of territorial law and looks at the ambit that national legal systems claim today. Turning then to international law, the study debunks the oddly persistent belief that States enjoy a freedom to extend their laws to extraterritorial conduct as they please, and that they are in this respect constrained only by some specific prohibitions in international law. Six arguments historical, empirical, ideological, functional, doctrinal and systemic are advanced to support a contrary view: that States are prohibited from extending the reach of their legal systems abroad, unless they can rely on a permissive principle of international law for doing so. The second part of the study deals specifically with State jurisdiction in a military context, that is to say, as applied to military personnel in the strict sense (service members) and various civilians serving with or accompanying the forces (associated civilians). While the status of armed forces on foreign soil has transformed from one encapsulated in the customary concept of extraterritoriality to a modern regulation of immunities granted by treaties, elements of armed forces located abroad usually do enjoy some degree of insulation from the legal system of the host State. As a corollary, they should generally remain covered by the law of their own State. The extent of this extraterritorial extension of national law is revealed in a comparative review of national legislation, paying particular attention to recent legal reforms in the United States and the United Kingdom two states that have sought to extend the scope of their national law to cover the conduct of military contractor personnel. The principal argument of the dissertation is that applying national criminal law to service members and associated civilians abroad is distinct from other extraterritorial claims of jurisdiction (in particular, the nationality principle or the protective principle of jurisdiction). The service jurisdiction over the armed forces has a distinct aim: ensuring the coherence and indivisibility of the forces and maintaining discipline. Furthermore, the exercise of service jurisdiction seeks to reduce the chances of the State itself becoming internationally liable for the conduct of its service members and associated civilians. Critically, the legal system of the troop-deploying State, by extending its reach abroad, seeks to avoid accountability gaps that might result from immunities from host State law.

A Scoping Review of Psychological Interventions for PTSD in Military Personnel and Veterans.

Post-traumatic stress disorder (PTSD) has emerged as a key concern for military and veteran populations. This article describes what is being done programmatically and therapeutically to treat PTSD in military personnel and veterans returning from deployment. This scoping review demonstrates that (1) research published in this area has been rapidly increasing since its inception in the 1980s; (2) the vast majority of articles focus on cognitive-behavioral approaches to treatment, and this area of the literature presents strong evidence for these approaches; and (3) there is a lack of randomized controlled trials for treatments, such as art therapies and group therapies.

Amendments to articles 2 and 36, Uniform Code of Military Justice : hearings before the Military Personnel Subcommittee of the Committee on Armed Services, House of Representatives, Ninety-sixth Congress, first session, June 11 and 12, 1979.

Mode of access: Internet.

Hearing on H.R. 3407 ... before the Military Personnel Subcommittee of the Committee on Armed Services, House of Representatives, Ninety-sixth Congress, first session, July 11, 1979.

Mode of access: Internet.

Women in the military : Air Force revises job availability but entry screening needs review : report to the Chairman, Subcommittee on Military Personnel and Compensation, Committee on Armed Services, House of Representatives /

"B-230552"--p. 1.

Hearings on service academies' honor code before the Military Personnel Subcommittee of Armed Services, House of Representatives, Ninety-fifth Congress, first and second session, including reports by the service academies on the Borman Commission study, October 5, 6, 1977, August 1, 1978.

Mode of access: Internet.

Child care programs [microform] : hearings before the Military Personnel and Compensation Subcommittee of the Committee on Armed Services, House of Representatives, One Hundredth Congress, second session, hearings held June 16, August 2 and 9, 1988.

"H.A.S.C. no. 100-120."

Department of Defense authorization for appropriations for fiscal year 2013 and the Future Years Defense Program : hearings before the Committee on Armed Services, United States Senate, One Hundred Twelfth Congress, second session, on S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

Shipping list no.: 2013-0201-P (pt.1), 2013-0185-P (pt. 2), 2013-0213-P (pt. 3), 2013-0212-P (pt. 4), 2013-0140-P (pt. 5), 2013-0148-P (pt. 6), 2013-0209-P (pt. 7).

Department of Defense appropriations for 1982 : hearings before a subcommittee of the Committee on Appropriations, House of Representatives, Ninety-seventh Congress, first session : military personnel entitlement bill referred under section 401(b), Congressional Budget and Impoundment Control Act of 1974 : H.R. 3380 Armed Forces Pay Act of 1981 /

Item 1011, 1011-A (microfiche)

Documents on the Nicaraguan resistance : leaders, military personnel, and program.

"March 1986."

Defense force management : occupation, distribution, and composition : report to the Chairman, Subcommittee on Military Personnel and Compensation, Committee on Armed Services, House of Representatives /

"B-246105"--P. 1.

Military personnel : composition of the active duty forces by race or national origin identification and by gender : fact sheet for the Chairman, Legislation and National Security Subcommittee, Committee on Government Operations, House of Representatives /

"B-242608"--p.1.

Women in the military : career progression not a current problem but concerns remain : briefing report to the Chairman, Subcommittee on Military Personnel and Compensation, Committee on Armed Services, House of Representatives /

"B-230552"--p.1.