UCMJ, Other Countries Laws, Military Punishment...

[imax2268]

Ok...here's a questions that someone posed to me and I wasn't sure how to answer...

If a soldier for the U.S. is found to have commited a crime in another country...is he/she subject to that countries laws or does the military step in and take control of the case...

I said that I believe that the U.S. Military would step in and take care of the situation...

or does the soldier have to face the legal system of that country...?

[Vernunft II]

1. Legally there is no difference between tourist or soldier

so yes, if a soldier commits a crime he´s subject to that countries legal system in theory. Of course the military would get him out instantly in order to avoid any sort of negative attention so in real life I don´t think it has or will happen that a soldier will be facing a foreign court.

[Columbia]

2. Most likely

The military will hold him until he is formally indicted and they then hand him over to the proper local authorities for prosecution.

[charlie]

3. Depends on a number of things

The type of crime, whether it occurred while the soldier was on-duty, etc. The US usually has a Status of Forces Agreement (SOFA) with the host country that delineates jurisdiction. If it's an act that's illegal under the UCMJ, but not the host country -- desertion of duty for example -- the US military gets primary jurisdiction. Or vice versa, like hitchhiking on a freeway, it's the host country's. If a soldier runs over a host citizen during the course of his duties, investigation and prosecution is usually deferred to the base command, if he's off-duty, the local authorities. In the instances of heinous crimes -- robbery, rape, murder -- the soldier is subject to prosecution and punishment under the host country's laws. In all cases, both sides have the option of waiving their claim to primary jurisdiction.

[imax2268]

4. Thanks...

that answers my question...

[charlie]

5. Added note

Since the purpose of the SOFA is to maximize protection of US citizens under foreign laws, treatment while in custody and punishments are usually brokered as well. Such concerns as timely access to food and medicine are agreed on, as well as protection from punishments like canings or beheadings.

[jmowreader]

6. It depends on the Status of Forces Agreement

SOFAs come into play when a soldier violates a host-nation law.

The SOFA in force with most of the countries we have troops stationed in is pretty much alike: unless the crime is truly outrageous, the US will prosecute. In the case of something like a soldier raping a child, the host nation may take the case unless the punishment the host nation imposes is illegal under US law--beheading and amputation come to mind.

The one nation that is different is Turkey. The Turks take jurisdiction on everything. We don't let them behead or mutilate our people, but if you are stationed in Turkey and you commit a crime downtown, you're going to a Turkish jail, after standing trial in a Turkish court (which, of course, is conducted in the Turkish language; we have Turkish interpreters for just this purpose). The Turkish penal system is unique in that they don't feed you--your family brings you food if they don't want you to starve--so one of the duties of our chaplains in Turkey is feeding soldiers who are locked up in the local jails.

Even more fun: under Turkish law, anyone with any Turkish blood must serve two years in the Turkish Army. The local draft board will come on post, pick you up and drop you off at the nearest installation. Not sure if that includes Basic Training--but it probably does. The Marines don't accept the Army's basic training, why should the Turkish Army?