Sofa Agreement Europe

Written by

6. (a) The pro­vi­sions of Parts I and III of this Agree­ment shall apply only to head­quar­ters and armed forces, and their per­sonnel, which may be placed at the dis­posal of the Euro­pean Union in the prepa­ra­tion and per­for­mance of the tasks referred to in Article 17(2) of the Treaty, including exer­cises, to the extent that the status of such head­quar­ters or armed forces exists; and their staff is not gov­erned by another agree­ment. 1. Units, for­ma­tions or instal­la­tions nor­mally made up of mil­i­tary or civilian per­sonnel shall have the right to super­vise, in agree­ment with the host State, all ware­houses, instal­la­tions, head­quar­ters or other premises which they occupy exclu­sively. The police of such units, for­ma­tions or facil­i­ties may take all appro­priate mea­sures to ensure the main­te­nance of order and secu­rity in such premises. The polit­ical issue of SOFAs is com­pli­cated by the fact that many host coun­tries have mixed feel­ings about for­eign bases on their soil, and calls to rene­go­tiate SOFA are often com­bined with calls for for­eign troops to with­draw com­pletely. While the United States and host coun­tries gen­er­ally agree on what a crime is, many U.S. observers believe that the host country‘s jus­tice sys­tems give defen­dants much weaker pro­tec­tion than the United States and that the courts of the host country may be sub­ject to pop­ular pres­sure to render a guilty ver­dict; In addi­tion, U.S. sol­diers who have been sent abroad should not be forced to give up the rights con­ferred on them by the Bill of Rights. On the other hand, observers from the host country, who have no local equiv­a­lent to the Bill of Rights, often believe that it is an unequiv­ocal excuse to demand spe­cial treat­ment and that they resemble the extrater­ri­to­rial agree­ments demanded by Western coun­tries during colo­nialism. A host country where such a mindset is preva­lent, South Korea, itself has strength in Kyr­gyzstan and has nego­ti­ated a SOFA that grants its sol­diers full immu­nity from pros­e­cu­tion by Kyrgyz author­i­ties for any crime, far beyond the priv­i­leges that many South Koreans have chal­lenged in their country‘s SOFA with the United States. [11] 11.

Any dis­pute relating to the set­tle­ment of claims which cannot be set­tled by nego­ti­a­tions between the Member States con­cerned shall be sub­mitted to an arbi­trator chosen by common accord between the Member States con­cerned of the country of nationals of the host State who hold or have held a senior judi­cial office. If the Member States con­cerned are unable to agree on an arbi­trator within two months, each Member State con­cerned may request the Pres­i­dent of the Court of Jus­tice of the Euro­pean Com­mu­ni­ties to choose a person with the above qual­i­fi­ca­tions. Sub­ject to agree­ments and arrange­ments already in force which may be con­cluded or con­cluded between the autho­rized rep­re­sen­ta­tives of the sending State and the host State after the entry into force of this Agree­ment, the author­i­ties of the host State shall assume exclu­sive respon­si­bility for making appro­priate arrange­ments for making avail­able to units, for­ma­tions or other facil­i­ties the build­ings and land required by them; and related facil­i­ties and services.…

Comments are closed.