Civilians And The Nato Status Of Forces Agreement

Reviews operation of the NATO Status of Forces Treaty on criminal jurisdiction over American civilian and military personnel in NATO countries.

The U.S. has been party to multilateral and bilateral agreements addressing the status of U.S. armed forces while present in a foreign country. This report discusses these agreements, commonly referred to as Status of Forces Agreements (SOFAs), which generally establish the framework under which U.S. military personnel operate in a foreign country, addressing how the domestic laws of the foreign jurisdiction shall be applied toward U.S. personnel while in that country. A SOFA may include many provisions, but the most common issue addressed is which country may exercise criminal jurisdiction over U.S. personnel. The U.S. is currently party to more than 100 agreements that may be considered SOFAs. Includes a list of current agreements.

The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict , before offering conclusions on the current state of the law and its likely future development.