The Constitutionality of Court-Martialing Civilian Contractors in Iraq

Authors

Margaret Prystowsky, Georgetown University Law Center

Abstract

The article examines the legal implications of outsourcing military functions to private contractors, focusing on the accountability gap under the Uniform Code of Military Justice (UCMJ). It argues that recent amendments to the UCMJ, particularly the expansion of court-martial jurisdiction over civilian contractors during declared wars and contingency operations, address this gap. The analysis concludes that these changes are constitutionally sound, given Congress's authority under Article I, Section 8, and align with legal precedent. However, the article also highlights practical challenges, such as prosecutorial discretion and limited penalties, which may undermine the effectiveness of these reforms.

Disciplines

Constitutional Law | Contracts | Criminal Law | Criminal Procedure | International Law | Law | Military, War, and Peace

Recommended Citation

Margaret Prystowsky, The Constitutionality of Court-Martialing Civilian Contractors in Iraq, 7 Cardozo Pub. L. Pol’y & Ethics J. 45 (2008).
Available at: https://larc.cardozo.yu.edu/cplpej/vol7/iss1/3