ANSWER:
THIS IS ONE OF THE PROVISIONS OF THE SOFA. ONE OF THE COUNTRIES WILL BE
GIVEN THE PRIMARY RIGHT TO EXERCISE ITS JURISDICTION, DEPENDING ON WHAT
TYPE OF CASE IT IS.
QUESTION:
WHAT KIND OF CASES WILL THE U.S. HAVE THE PRIMARY RIGHT TO EXERCISE
JURISDICTION OVER?
ANSWER:
ONE CATEGORY IS OFFENSES SOLELY AGAINST THE PROPERTY OR SECURITY OF THE
U.S. AN EXAMPLE WOULD BE THE DESTRUCTION OF U.S. GOVERNMENT PROPERTY.
ANOTHER CATEGORY IS OFFENSES SOLELY AGAINST THE PROPERTY OF ANOTHER
SOLDIER, A MEMBER OF THE CIVILIAN COMPONENT, OR A DEPENDENT.
A THIRD
CATEGORY IS OFFENSES ARISING OUT OF AN ACT OR OMISSION DONE IN THE
PERFORMANCE OF OFFICIAL DUTY.
THIS DOES NOT INCLUDE EVERY ACT COMMITTED
BY ONE WHO IS ON DUTY; RATHER, IT INCLUDES ONLY ACTS WHICH ARE REQUIRE OR
AUTHORIZED TO BE DONE AS A FUNCTION OF THE DUTY WHICH THE SOLDIER IS
PERFORMING.
FOR EXAMPLE, THE GENERAL'S DRIVER IS PERFORMING AN ACT
REQUIRED BY OFFICIAL DUTY WHEN HE IS DRIVING THE GENERAL TO A MEETING.
IF, WHILE WAITING FOR THE GENERAL TO COME OUT OF THE MEETING, THE DRIVER
GOES TO THE PX, HE IS ON DUTY, BUT IS NOT THEN PERFORMING AN ACT REQUIRED
BY OFFICIAL DUTY.
QUESTION:
WHEN DOES THE
RECEIVING
STATE
HAVE
THE
PRIMARY
RIGHT
TO
EXERCISE
JURISDICTION?
ANSWER:
IN ALL OTHER CASES.
QUESTION:
IF A COUNTRY HAS THE PRIMARY RIGHT TO EXERCISE JURISDICTION, MUST IT DO
SO?
ANSWER:
NO. U.S. POLICY IS TO MAXIMIZE ITS EXERCISE OF JURISDICTION, BUT THE SOFA
MAY ALLOW US TO WAIVE THIS (DEPENDING, OF COURSE, ON THE FACTS OF A CASE).
ALSO, WE COULD ASK THE HOST NATION TO WAIVE ITS PRIMARY RIGHT AND GIVE THE
CASE TO US.
QUESTION:
CAN OUR MP PATROL OFF POST IN THE FOREIGN COUNTRY?
ANSWER:
YES, DEPENDING ON THE PROVISIONS OF THE SOFA.
THE SOFA WILL ALSO COVER
THE RIGHT OF HOST NATION POLICE TO COME ON POST, AS WELL AS OUR MUTUAL
OBLIGATION TO ASSIST ONE ANOTHER IN CRIMINAL INVESTIGATIONS.
c. Due process rights.
The SOFA sets out the rights of our people who are
being prosecuted by the host nation. These are similar to the rights which apply
at U.S. criminal trials.
The purpose of these provisions is to assure that the
accused receives a fair trial.
QUESTION:
IF A U.S. SOLDIER IS GOING TO BE TRIED BY THE HOST NATION, WHO WILL
CONFINE HIM?
ANSWER:
THE SOFA WILL COVER THIS ISSUE AND MAY GIVE THE U.S. CUSTODY UNTIL AFTER
THE TRIAL. WHEN THE TRIAL IS OVER, THE ACCUSED WILL SERVE HIS
MP1018
1-30
Previous Page
