Criminal Jurisdiction under the United States-Philippine Military Bases Agreement

Criminal Jurisdiction under the United States-Philippine Military Bases Agreement
Author: Joseph W. Dodd
Publisher: Springer
Total Pages: 159
Release: 2012-12-06
Genre: Law
ISBN: 9401505187

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The peace time stationing for collective security purposes of large numbers of military personnel of one country in the territory of an other country constitutes one of the most significant developments of postwar international relations. The United States, for example, has stationed nearly one half of its active military forces in over seventy 1 countries since the Korean War broke out. Stambuk noted that al though the theories rationalizing this situation have changed, "the overseas bases and forces remain. "2 As a direct result of this stationing of large numbers of troops in foreign countries numerous bilateral and multilateral status of forces agreements have been put into force. One aspect of these agreements which has attracted considerable attention is the provisions dealing with the right to exercise criminal juris 3 diction. As might be expected, a host of jurisdictional problems has arisen concerning whether jurisdictional rights lie with the states sending or the states receiving military personnel, the accompanying civilian component, and their dependents. As Snee and Pye have pointed out: "For the first time in the modern era, the sometimes radically different systems of law of two sovereign nations are operating within the same territory and in respect to the same individuals. "4 Thus a situation has arisen in which the relationships between the military authorities of the 1 George Stambuk, American Military Forces Abroad (Columbus, Ohio: Ohio State Vni versity Press, 1963), pp. 3-4.

Status of Forces: Criminal Jurisdiction over Military Personnel Abroad

Status of Forces: Criminal Jurisdiction over Military Personnel Abroad
Author: Joop Voetelink
Publisher: Springer
Total Pages: 271
Release: 2015-04-16
Genre: Law
ISBN: 9462650578

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This book brings into focus the legal status of armed forced on foreign territory within, inter alia, the context of multi-national exercises and a variety of so-called crisis management operations. When it comes to criminal offences committed by military personnel while abroad it is important to know whether such offences fall under the criminal jurisdiction of the Sending State or that of the Host State. The book analyses this question from two different perspectives, namely traditional public international law and military operational law. Taking his readership through two hundred years of international practice the author arrives at the current practice of laying down the status of forces deployed abroad in so-called Status of Forces Agreements (SOFAs). Having looked at SOFAs from the two different law perspectives the author proposes the development of a “Status of Forces Compendium” to serve as a kind of guideline for future SOFAs. The author’s intention in proposing this idea is to instigate further discussion on the subject in public international law and criminal law circles and among armed forces’ legal advisors. Joop Voetelink is an Associate Professor of Military Law at the Netherlands Defence Academy.

You and the Law Overseas

You and the Law Overseas
Author:
Publisher:
Total Pages: 44
Release: 1986
Genre: Military law
ISBN:

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Full Committee Hearings on H.R. 8704, a Bill to Prohibit the Delivery of Members of the Armed Services of the United States to the Jurisdiction of Any Foreign Nation

Full Committee Hearings on H.R. 8704, a Bill to Prohibit the Delivery of Members of the Armed Services of the United States to the Jurisdiction of Any Foreign Nation
Author: United States. Congress. House. Committee on Armed Services
Publisher:
Total Pages: 184
Release: 1957
Genre: Criminal jurisdiction
ISBN:

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