federal civilian courts have no jurisdiction, generally, to try
American citizens for offenses committed in another country.
Nevertheless, under Article 5 of the UCMJ, a court-martial has
jurisdiction to try military personnel for service-connected
offenses occurring in "all places."
(6) Types of Jurisdiction.
(a) Military Jurisdiction. Courts-martial have
jurisdiction to try only certain specific classes of personnel
as delineated in Article 2 of the UCMJ. The following describes
1. Service members on active duty. Article 2(1)
of the UCMJ identifies certain active-duty personnel as subject
to its jurisdiction.
2. Reserve members attending drill. Reservists
on inactive duty training, usually weekend drills, are subject
to UCMJ jurisdiction during drill periods if the orders
assigning them to duty so state. The orders of reservists in
some branches of the service do not state that the drilling
reservist is subject to UCMJ jurisdiction. Specific situations
should be referred to a local JAG officer.
3. Retired persons. Retired members of a
Regular component of the armed forces who are entitled to pay,
retired members of the Reserves who are hospitalized by the
service, and members of the Fleet Reserve or the Marine Corps
Reserve are all subject to UCMJ. This rule continues military
jurisdiction over specified categories of retired service
members who retain financial or other ties to the armed forces.
(b) Civilian Jurisdiction. The Supreme Court has
ruled that civilians are not under court-martial jurisdiction in
peacetime despite UCMJ, Article 2(11). That article provides
for jurisdiction over "persons serving with, employed by, or
accompanying the armed forces outside the United States." Our
Government has allowed the trial of civilians under military
jurisdiction in time of war. However, the United States Court
of Military Appeals has interpreted the term war to include only
a war declared by Congress.
(c) Service Connection Issue. Law-enforcement
personnel may encounter some offenses that are not purely
military crimes. When that happens, they must evaluate the
offense to show a connection between the crime and the military