East Timor Puts U.S. Soldiers Above the Lawby Charles Scheiner
In October, East Timor’s President, Prime Minister and Foreign Minister traveled to Washington to meet with George Bush and Colin Powell. Only one formal agreement emerged from their conversations: the government of East Timor gave up its authority to ask U.S. soldiers in East Timor to obey East Timorese laws.
A U.S. Marine stands guard on the shoreline in Dili as USS Blue Ridge rests at anchor. US Navy photo.
East Timor and the United States signed a Status of Forces Agreement (SOFA), which defines the rights and responsibilities of soldiers from one country (the “sending state”) who are based in another (the “receiving state”).
Some SOFAs, such as the one signed by NATO countries, are multilateral agreements, while most (including the more than 100 the United States has with other governments) are between two countries. These agreements specify tax responsibilities, immigration rights, use of radio spectrum and other public services, and other details regarding foreign military forces in the host country.
Most importantly, SOFA agreements specify how criminal laws (for ordinary crimes, such as robbery, rape, assault and murder) of the “receiving” country apply to soldiers from the “sending” country. In most SOFAs, the foreign soldiers are committed to respect the laws of the country they are visiting. If they violate the law, they could be prosecuted by the legal system of either their own country or the one they are in — this is called “concurrent jurisdiction.”
The agreement defines which country has “primary jurisdiction” — that is, which has the main responsibility for prosecuting and punishing soldiers who commit crimes. In a typical SOFA, the receiving country has primary jurisdiction for most violations of its laws, unless the victim of the crime is from the sending country. In some SOFAs, such as the one between the United States and the Philippines, the receiving country (Philippines) waives its right to primary jurisdiction except in cases of particular importance to the Philippines, as Manila decides. In any event, concurrent jurisdiction remains, and either the Philippines or the United States may prosecute cases when the country with primary jurisdiction fails to do so.
Read more at
http://www.etan.org/estafeta/02/winter02/3law.htm