The US usually has a Status of Forces agreement with the foreign countries we have bases in. So if you commit a crime in that country you may be tried in a US Military court instread of the country the crime was actually commited in. But you have to be sure that the US Military has a Status of Forces agreement with the country you are stationed in as well otherwise all bets are off.
In these two cases we had a Status of Forces Agreement:
1. We had a guy commint a murder off base in Japan, he wasn't tried in a Japanese court but in the US Military courts in Japan.
2. We also had another guy who stole a car and drove it around the city drunk and he crashed into several parked cars and vending machines, he was tried in a Japanese court, convicted and had to serve 1 or 2 years of hard labor...the US Military had to pay for his food and well being while he served his prison term. Needless to say the military still had to try him because he was a.w.o.l. (absent without leave) from the Navy at the time when he was caught by the Japanese police.
So I believe it really depends upon the crime committed and the Status of Forces Agreement between the US and the Host country that will determine if you are tried by the US Military or the host country.
2007-10-06 10:38:46
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answer #1
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answered by davedgreat2000 2
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The truth is that the "host country" has allot to say about the military base. many negotiation between the US and the host country goes into placing a base overseas. Many bases have complete control of its personnel to include off base infractions of law. In some countries the military rules only on the base that personnel are assigned and not off base at all. Finally some bases have only enough jurisdiction over its personnel to insure "military law" is enforced. All infractions of civilian law are handled by the host country.
The biggest thing to remember is that to go overseas personnel are briefed on the does and donts before they deploy...
2007-10-05 12:52:19
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answer #2
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answered by eldertrouble 3
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There have been many complaints about underage troops not being able to drink alcohol.
I can't remember exactly, but in Leatherneck Magazine, there was talk about underage troops being able to consume alcohol provided they were at least the Leagal Drinking Age of that country.
So if the Legal Drinking age in Irag is 19, the troops that are 19 can drink alcohol and won't get in trouble because they aren't 21.
It more than likely varies from what the rules are. The troops on base may have to follow one rule of the country but not another.
2007-10-05 07:40:24
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answer #3
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answered by Anonymous
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The host country's laws apply to U.S. national on their shores unless an exception is made in any Status of Forces Agreement (SOFA) entered into between the U.S. and the host country.
It is against the law to import or sell chewing gum in Singapore. So, the mere possesion of such would be a crime, unless the SOFA says otherwise.
2007-10-05 07:21:18
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answer #4
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answered by desertviking_00 7
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The are governed by a status of force agreement with the host country. Basically it is deal with that country on which laws we follow and which ones we do not, along with who gets to prosecute offenders.
2007-10-05 08:55:20
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answer #5
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answered by Chris 5
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On a US base in a foreign country, a soldier is under the Uniform Code of Military Justice and US Federal law. That country's law have no bearing on him as long as he is on the base. Otherwise, a soldier couldn't properly do his duty to his country. I mean if he is on guard duty and gets in a fight with someone trying to sneak in on the base, that country cannot prosecute him for assaulting someone when he is doing his duty for this country.
Another example is that some countries because of their religious beliefs say no alcohol can be consumed by anyone. If a soldier is in his own quarters on a US military base and he decides to drink a beer provided by the base exchange (The soldier's store run by civilians for US military personnel.) in violation of that country's law, that country cannot prosecute him because he technically is on "temporary" US soil and not under their law. However, if the soldier stepped off his base and drank his beer, he could expect the full force of that country's law to bear on him.
The same would be true for a soldier stationed in an Islamic country that outlaws Christianity and that soldier wants to read a Bible. That country cannot prosecute him if he is reading his Bible in his own quarters on base. However, he shouldn't try to read it off base or he will be asking for trouble.
2007-10-05 07:34:22
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answer #6
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answered by Captain Cupcake 6
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to some extent yes, local rules can trump US law. For instance, when Japan changed the legal limit to be considered impaired for DUI(from .08 to .03), the limit was also lowered on base as well.
this is done mostly to keep servicemembers and families form being confused and getting into trouble off base.
2007-10-05 12:49:17
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answer #7
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answered by Mrsjvb 7
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Bases are owned by Our government so the other country that it is located has no jurisdiction because it is called law of the land... which means the US makes, enforces, and punishes the laws and law breakers. The only time they can not save you is if you walk out of the base and do something illegal there, they will escort you back to base if you are military personnel.
2007-10-05 07:17:51
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answer #8
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answered by Christa K 4
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Every US base in a foreign country is covered by a Status of Forces Agreement (SOFA) with the host country that establishes rules of jurisdiction.
2007-10-05 07:19:38
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answer #9
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answered by Anonymous
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Nope. There are usually agreements between the U.S. and foreign governments which allow any service people serving in those countries to be tried by military courts, unless the U.S. agrees otherwise. It's called "The Status of Forces Agreement".
2007-10-05 07:21:41
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answer #10
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answered by Anonymous
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