Should U.S. military personnel deployed overseas be subject to local laws?

Question

"The Foreign Ministry on Thursday delivered a note to the U.S. Embassy demanding that the airman’s immunity be lifted. Status of Forces Agreements in many countries where U.S. military personnel are stationed grant them varying levels of legal immunity." http://news.bostonherald.com/international/view.bg?articleid=171104

"Kyrgyz President Kurmanbek Bakiyev said on Thursday U.S. servicemen and women stationed in his Central Asian state should no longer enjoy immunity from prosecution after the fatal shooting of a truck driver." http://news.yahoo.com/s/nm/20061207/ts_nm/kyrgyzstan_usa_dc_3

Answer 1

Okay, if you read the story, the Airman was threatened with knife. Doesn't he have the right to defend himself? Military memebers are under local law. A SOFA (Status of forces agreement) is an agreement betweent he military and the host country. If the host country agrees to the terms then why is it the US military's fault? The host country has to accept some blame for accepting the agreement. In this case though, there still has to be due process to find out what actually happened. It would be stupid for the US military to just hand over military memebers without an investigation first.

Answer 2

Actually, Military personnel are subject to local laws. All military bases have what's called a SOFA=Status Of Forcess Agreement with the local government in foreign countries. This SOFA clearly makes an agreement between the host country and the United States with respect to local laws and customs. The reason he might have immunity is that where that altercation took place is under U.S. Air Force control and leased from the Government.

Answer 3

I would say to definitely take your CAC card with you. You would be surprised how many perks you may get just by using your CAC for ID purposes (of course only while you are still in the US). Also any one who is an official person checking ID would not be the type that would blow you up. Also if you have a military pass port, or have gotten any kind of military discount on any thing, the company may want to verify that you are military, and may charge you more money if you can not provide military ID. If you think it's a bad time to use military ID, just mae sure you have 2 other forms of picture ID with you just in case. The precautions you take are all based on the place you are going. If you really have any concerns talk to your first line supervisor about getting a over-seas anti-terrorism briefing. Most units require you to get an anti-terrorism brief from your S-1 or S-3 prior to going over seas for any thing to include going on leave. My best advise is to just act normal. Don't do any thing you know would offend people in that culture, and wear clothing that doesn't stand out. Over all, most people wont notice you, unless you make a spectacle of your self. Good luck and have fun.

Answer 4

They should not be immune from local laws. They aren't in the US!

Think they should murder or rape someone and say they should not be charged? I do believe that many laws of custom should not be enforced which is what the Saudis wanted with American female soldiers!

Usually they are charged for them under the USMC, however, many countries have little faith that Americans will try and convict their own! The crimes were also not committed on US Territory, like if they were committed on base!

Answer 5

That's a tough one. On one hand, servicemen should respect local laws. On the other hand, we wouldn't want a serviceman or woman arrested just because of a cultural misunderstanding. Also, understand that many local governments around the world are very corrupt and service people need to be protected from them.

Answer 6

SOFA statutes state that if you commit a crime outside of the confines of a military installation, then you can be subject to the local jurisdictions laws. It is up to the local gov't as to whether they will prosecute you or not. They can simply turn you over to the military authorities or handle it themselves. They don't need the U.S. gov'ts permission to enact their local laws. Anything further than that is all a matter of politics and logistics way above my pay grade.

Answer 7

No, lets face it. Some of the places we are deployed have stupid local laws. Would it make sense to force our women personnel to cover their faces? Behead soldiers for taking alcohol? The american armed forces has an outstanding legal system for prosecuting and keeping its soldiers in line according to our values, not a bunch of locals stuck a thousand years back in time.

Answer 8

"ANY" diplomat that comes to the United States could commit cold blooded premeditated murder anytime they want as often as they want and are granted immunity. So I believe our troops should be granted the same.

Answer 9

I wish the US had same policy as 1st person. Where has US been re: our borders? IF OUR GOVT CAN SEND A BORDER PATROL OFF TEN YEARS TO JAIL FOR DEFENDING HIMSELF AND OUR BORDERS AND GIVE IMMUNITY TO DRUG TRAF--WRAP IT UP & LETS GO HOME.

Answer 10

Where's the fun in shooting locals if you can get arrested for it ?