Relevance of Control in Status of Forces Agreements

Abstract

One of the cornerstones of the international law on military operations is the issue of the legal position of armed forces personnel serving on the territory of another sovereign State with the consent of the State hosting the foreign forces. Generally, the issue is defined in international agreements concluded between the Host State and the State sending its forces abroad or an international entity on behalf of the Sending States involved. These so-called Status of Forces Agreements (SOFAs) deal with a host of subjects, most importantly the criminal jurisdiction over the deployed troops. As it is a particular sensitive subject affecting the sovereign rights of the States involved as well as the effectiveness of the deployed forces, the jurisdictional provisions included in SOFAs have a different scope than can be expected based on general international law regarding the immunity of States and State officials.