Navy SEAL Court martial - Can UCMJ apply to UK servicemen?

#1
2 years ago, a Green Beret was killed in a hazing incident in Mali that is currently going through US special court-martial - it has come to light that an UK SF member was also involved.
For the military legal eagle sorts out there ( @Dr_Evil ), would this be dealt with under the US's UCMJ?

‘I am so very sorry that your family will now have to hurt in a similar way as I have,’ Green Beret's widow tells Navy SEAL who helped kill her husband

At his court-martial on Thursday, Matthews admitted that he broke into Melgar's room on along with three other U.S. service members – Navy Special Operations Chief Tony DeDolph and Marine Raiders Gunnery Sgt. Mario Madera-Rodriguez and Staff Sgt. Kevin Maxwell Jr. – and an unnamed British special operator.
 
#2
No. UCMJ does not apply to UK service personnel, but they can, of course, be prosecuted under UK military or civilian law as appropriate. As,an example if cross-jurisdictional management, look at the provisions of the NATO SOFA.
 

Daxx

MIA
Book Reviewer
#3
The alleged offence will fall under the law and jurisdiction of the nation the offence was committed under.
 
#4
Was there a Status Of Forces Agreement operational in Mali at the time?
The brit can still be tried by GCM sitting in the UK using the evidence from the UCMJ trials.
I would hate to think that the poor guy would get tried in Mali by the national authorities.
 
#5
The alleged offence will fall under the law and jurisdiction of the nation the offence was committed under.
It depends what agreements are in place (see comments on SOFA). About 25 years I sat at a junior member on a DCM for a SP who had committed a series of offences on a USAF base in the States. The DCM was conducted in the UK a d US SP were brought across to give evidence. Some offences will be heard in the local civilian courts, but this is sui generis. It was the situation in Germany that dependents were subject to UK military law and could - and did - face courts martial.

ETA: there are dozens of SOFAs and MOUs with other countries which, generally, ensure that SP are tried in their own countries.
 
#7
I did wonder when this was going to be picked up.

Even the RMP can’t f*ck this up, can they?
 
#10
#12
The alleged offence will fall under the law and jurisdiction of the nation the offence was committed under.
That's not axiomatically the case, there are many UK laws that are extra-terrirorial insofar as prosecutions can occur for actions that are crimes under UK law but not crimes under the jurisdiction in which the action occurs. The Bribery Act is one such example.
 
#13
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