Provides that: (1) nothing herein may be construed to deprive a court-martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by such an entity; and (2) no prosecution may be commenced against a member of the armed forces unless such member ceases to be such a member, or unless an indictment or information charges the member committed the offense with one or more other defendants at least one of whom is not a member.
Provides for the arrest of such individuals outside the United States and their delivery to U.S. civilian law enforcement personnel.
Authorizes the release to a recognized foreign government of persons who engage in such conduct in that country.
Prohibits removal to a foreign country (with exceptions) unless: (1) a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing, orders the detention of the person before trial (in which case the person shall be promptly removed to the United States for purposes of such detention), or otherwise orders the person to be removed to the United States; (2) the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination; and (3) the Secretary of Defense determines that military necessity requires that the limitations on removal be waived, in which case the person shall be removed to the nearest U.S. military installation outside the United States adequate to detain the person and facilitate his or her initial appearance.
Provides that, in the case of any person arrested for or charged with a violation of this Act who is not delivered to authorities of a foreign country, the initial appearance of that person: (1) shall be conducted by a Federal magistrate judge; and (2) may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person.
Directs the Federal magistrate judge: (1) in conducting the initial appearance, to also determine whether there is probable cause to believe that an offense was committed and that the person committed it; and (2) if no motion is made seeking the person's detention before trial, to also determine at the initial appearance the conditions of the person's release before trial.
Specifies that any detention hearing of such person: (1) shall be conducted by a Federal magistrate judge; and (2) at that person's request, may be carried out by a means that enables voice communication among the participants, including any counsel representing the person.
Provides that if any initial proceeding with respect to such person is conducted while the person is outside the United States and the person is entitled to have counsel appointed for purposes of such proceeding, the Federal magistrate judge may appoint as such counsel for purposes of such hearing a qualified military counsel.
Directs the Secretary of Defense to: (1) prescribe regulations governing the apprehension, detention, delivery, and removal of persons, and the facilitation of proceedings, under this Act; and (2) issue regulations requiring that notice be provided to any person covered by this Act who is not a U.S. national that such person is potentially subject to the criminal jurisdiction of the United States. States that failure to provide such notice shall not defeat such jurisdiction.
Output: Military Extraterritorial Jurisdiction Act of 2000