Re: 60 Minutes II - abused prisoners
Here is a quick summary of SOFA from a DOD presentation:
Notes from SOFA presentation
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Status of Forces Agreements
Notes from a Presentation Delivered by
Frank Stone
Director, Military Foreign Affairs Office
Orlando, FL
April 10, 2002
* There is no single model Status of Forces Agreement (SOFA).
* SOFA texts vary considerably from one country to another
* SOFA provisions may be integrated into several different agreements.
History
* Evidence of SOFAs dating back to 1914.
* Applied a concept of the "Law of the Flag" -- a country's military applied their laws to military forces abroad.
* However, most of them were just passing through foreign territory and not permanently stationed there.
* Concept was that if conditions were not placed on transit then Law of the Flag granted immunity to military forces.
World War II
* SOFA does not apply during hostility or war.
* Courts and government organizations not normally operational during conflicts.
* As a result, U.S. Forces have immunity in Afghanistan and Kosovo.
1951 NATO SOFA
* U.S. proposed immunity; Europeans preferred more limited rights.
* Concurrent, or shared, criminal jurisdictions in 19 NATO and 17 PFP countriies.
* Ratification by Congress was close; included a Senate Resolution with requirements.
* NATO agreement only one that is reciprocal. Most other foreign forces in the U.S. have no status.
* Parties agreed to permit other privileges and rights, including relief from taxes, customs, immigration requirements, and sharing of payment for claims.
Despite Congressional reservations , US negotiated other similar agreements; Japan in 1960, Australia in 1963, and Korea in 1966.
To satisfy concerns over the NATO SOFA, the U.S. negotiated supplemental bilateral agreements in several countries:
* German supplementary agreement signed in 1963: approximately 120 pages long, covering a multitude of subjects.
* There are shorter supplemental agreements in several other countries.
* Supplemental agreements generally negotiated with countries where we have significant numbers of troops.
Agreements vary from country to country depending upon the circumstances.
* Don't need as many rights and privileges in a country with a western culture where there are only a few U.S. forces.
* In contrast, where there are large numbers of U.S. personnel in a country with a different culture and judicial system, need more extensive rights and privileges.
SOFA is a a very sensitive issue in some countries.
* In some countries it is referred to by different titles, such as in the Philippines it's called a visiting forces agreement (VFA).
* Proposal to negotiate a new SOFA in Panama, but continue to search for a name.
* Some countries obscure SOFA's existence by various means and classifying the document.
Spain, 1983
* Chapter IV in the Defense Cooperation Agreement.
* Prime Minister Gonzales spread other SOFA provisions throughout the Agreement.
Mongolia
* President met with Secretary of Defense William Perry.
* Asked for Defense Cooperation Agreement.
* State was concerned about the political implications.
* Changed title and provisions.
Treaties and Other International Agreements Series (TIAS)
* Contain all international agreements, including SOFAs.
* Bound by date, not subject, and referred to by TIAS number.
Treaties in Force (TIF)
* An index of agreements published annually.
* Bilateral agreements in front; multilateral agreements in back.
* Look up the country, then the subject.
* SOFAs all listed under "Defense," but often with a different title.
How to have a voice.
* Procedures (Directives and Instructions)
* DoD 1400-25.M
* SECNAVINST 5402.28A
* EUCOM Directive 30-6
* List of US Defense Representatives (USDR).
* Issues should be raised through POCs and chain of command.
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