By Joop Voetelink
This e-book brings into concentration the criminal prestige of armed pressured on international territory inside of, inter alia, the context of multi-national routines and various so-called drawback administration operations. by way of legal offences dedicated through army team of workers whereas overseas it is very important comprehend even if such offences fall lower than the legal jurisdiction of the Sending nation or that of the Host kingdom. The publication analyses this query from diverse views, particularly conventional public overseas legislation and army operational law.
Taking his readership via 2 hundred years of foreign perform the writer arrives on the present perform of laying down the prestige of forces deployed in a foreign country in so-called prestige of Forces Agreements (SOFAs). Having checked out SOFAs from the 2 diversified legislation views the writer proposes the improvement of a “Status of Forces Compendium” to function a type of guide for destiny SOFAs. The author’s purpose in providing this concept is to instigate additional dialogue at the topic in public overseas legislations and felony legislations circles and between military’ criminal advisors.
Joop Voetelink is an affiliate Professor of army legislations on the Netherlands Defence Academy.
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Extra info for Status of Forces: Criminal Jurisdiction over Military Personnel Abroad
Example text
Note The US had not yet declared war. 19 Memorandum of the US to the Canadian government in this case: The Supreme Court of Canada 3 August 1942, Reference re Exemption of United States Forces from Proceedings in Canadian Criminal Courts, ILR 12, pp. 124–133. Mention of this is made in: Stanger 1957/1958, p. 79. 3 World War II Practice 41 This interpretation is clearly reflected in subsequent US legislation20 and, for instance, the draft agreements of 1941 and 1942 proposed by the US to the Netherlands to regulate the stationing of US forces in Surinam.
424 (1902). html. Accessed November 2014. Other decisions are mentioned in: Re 1956, p. 369. 28 2 The Ground Rule jurisdiction of the host State. This immunity is not necessarily absolute, and may depend upon the context within which the forces operate on foreign territory (see Chaps. 3, 4 and 5). Finally, in military practice it is not sufficient that servicemen committing crimes are not subject to the criminal jurisdiction of the host State. In order to operate efficiently, sending States must be able to freely exert their authority and power, including the exercise of criminal jurisdiction, over its deployed armed forces.
The thematic method also takes into account the circumstances under which the forces are based abroad, the interests of the States involved, and their mutual relations. The three frameworks will be further discussed in the following chapters; they will also be the basis for analysis from a military operational law perspective in Part III. Chapter 2 aims to define the ground rule relating to criminal jurisdiction over visiting forces in the extraterritorial execution of their tasks through a historical analysis.