Legal ramifications of civilian actions in field

[marct]

Hi Folks,

A quick question: if a civilian is in field and has signed an agreement to follow Army general orders, can he be charged if he breaks them? I'm thinking about a particular case where a "journalist" (in the loosest sense) was embedded and smuggled in alcohol, apparently offering it to a junior officer and an Army interpreter.

Marc

[stanleywinthrop]

Hi Folks,

A quick question: if a civilian is in field and has signed an agreement to follow Army general orders, can he be charged if he breaks them? I'm thinking about a particular case where a "journalist" (in the loosest sense) was embedded and smuggled in alcohol, apparently offering it to a junior officer and an Army interpreter.

Marc

My first impression based on these facts is the most the journalist can be liable for is being sent home over his objections. Perhaps if the contract includes the necessary language, the government could recoup some of its costs associated with the journalist's embedding.

Violation of a general order (like any order) is a UCMJ offense, and civilians are not generally subject to the UCMJ, and nor can they voluntarily submit themselves to be subject to the UCMJ without enlisting or commissioning, or some other special way that Congress has provided that I'm not aware of.

The MEJA act does subject certain civilian contractors to federal law while overseas with the military, but I strongly doubt that a journalist fits within that definition. Also, I don't think a violation of a general order, not grounded in the laws of land warfare, geneva convention, or other federal law, would be sufficient to charge a civilian contractor in federal court. I would need to spend a lot more time researching the MEJA act to be able to fully answer the question.

[marct]

Hi Stanley,

Thanks for the response. As far as I am aware, the gov't had few, if any, costs in this particular case. Would it be possible for the gov't to sue him for breach of contract?

Marc

[stanleywinthrop]

Hi Stanley,

Thanks for the response. As far as I am aware, the gov't had few, if any, costs in this particular case. Would it be possible for the gov't to sue him for breach of contract?

Marc

To fully answer the question, I'd need to see the contract, but in theory the answer would be yes. However damages would probably be limited to the government's "out of pocket" expenses.

[marct]

To fully answer the question, I'd need to see the contract, but in theory the answer would be yes. However damages would probably be limited to the government's "out of pocket" expenses.

Okay, thanks Stanley. I appreciate it.

Marc

[Rex Brynen]

Hi Folks,

A quick question: if a civilian is in field and has signed an agreement to follow Army general orders, can he be charged if he breaks them? I'm thinking about a particular case where a "journalist" (in the loosest sense) was embedded and smuggled in alcohol, apparently offering it to a junior officer and an Army interpreter.

Marc

Ahhh, this case (http://www.mensjournal.com/armyresponse).

[marct]

Ahhh, this case (http://www.mensjournal.com/armyresponse).

Yes.

[ODB]

about the media's incorporation into COIN......need I say more?