Due process rights

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

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