Posted on Mar 2, 2016
'Martland Act' would empower U.S. troops to block sexual abuse on foreign soil
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That is interesting that the 'Martland Act' would empower U.S. troops to block sexual abuse on foreign soil. I would think that would conflict with posse comitatus SFC Joe S. Davis Jr., MSM, DSL
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LTC Stephen F.
CPT (Join to see) - Federal troops are forbidden from acting as military forces in this nation in general. This was response to the typical use of military force to suppress civilians in most countries up through the 18th century.
"The Posse Comitatus Act, 18 U.S. Code, Section 1385, an original intent of which was to end the use of federal troops to police state elections in former Confederate states, proscribes the role of the Army and Air Force in executing civil laws and states: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise."
http://legal-dictionary.thefreedictionary.com/posse+comitatus
"The Posse Comitatus Act, 18 U.S. Code, Section 1385, an original intent of which was to end the use of federal troops to police state elections in former Confederate states, proscribes the role of the Army and Air Force in executing civil laws and states: Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise."
http://legal-dictionary.thefreedictionary.com/posse+comitatus
Definition of posse comitatus in the Legal Dictionary by The Free Dictionary
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CPT (Join to see)
LTC Stephen F. - How would this prohibit them from reporting sexual assault on their post?
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LTC Stephen F.
CPT (Join to see) - put simply it is illegal to use federal troops for police purposes unless specifically authorized through the SOFA on foreign soil. That would not apply to MPs on post or in am FOB. The language it not focused on reporting but "expand the scope of abuse service members should intervene to stop"
This legislation seems to be in response to the Special Forces soldiers who disciplined and forced out of the military for beating up an Afghan man who had been sodomizing a boy.
This legislation seems to be in response to the Special Forces soldiers who disciplined and forced out of the military for beating up an Afghan man who had been sodomizing a boy.
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It seems if this ever goes into effect and then gets out every kid in country is going to go running up to the first G.I. they see screaming "the bad man raped me, make him stop". This is not the military's mission in fact via drone strikes we have killed anywhere between 100-200 children - and we're now responsible for human rights violations? As well what happens when a case is reported and there in no corrective action - does this open the door for tort law via the Alien Tort Claims Act (ATCA). Will this include PMSC personnel as well. I see this causing a lot of problems.
How about the next time some anti-social misfits gets his dick knocked into the dirt the CoC takes it into account and chalks it up to 'a difference of opinions'. I'm not saying neglect UCMJ but rather understand that there are going to areas of incompatibility within customs and laws that will naturally cause such misunderstandings. When the police chief filed a complaint he should have been informed that such behavior is considered deviant according to our laws and customs and that in the US he would be imprisoned. Further explain that most likely if he was indeed incarcerated it would be highly likely that he would be murdered in jail for such a crime. Finally advise him that in order to avoid future conflicts it would be in his best interest to conform to our values and that there will be no adjudication in such matters. See ya!
How about the next time some anti-social misfits gets his dick knocked into the dirt the CoC takes it into account and chalks it up to 'a difference of opinions'. I'm not saying neglect UCMJ but rather understand that there are going to areas of incompatibility within customs and laws that will naturally cause such misunderstandings. When the police chief filed a complaint he should have been informed that such behavior is considered deviant according to our laws and customs and that in the US he would be imprisoned. Further explain that most likely if he was indeed incarcerated it would be highly likely that he would be murdered in jail for such a crime. Finally advise him that in order to avoid future conflicts it would be in his best interest to conform to our values and that there will be no adjudication in such matters. See ya!
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