Revision of the U.S.-Japan Status of Forces Agreement (SOFA): Relinquishing U.S. Legal Authority in the Name of American Foreign Policy

Abstract

REVISION OF THE U.S.-JAPAN STATUS OF FORCES AGREEMENT (SOFA): Relinquishing U.S. Legal Authority in the Name of American Foreign Policy Tyler J. Hill * Abstract Couched at the intersection of international law and foreign pol- icy, and with an eye toward the Asia-Pacific, this study illuminates how Status of Forces Agreements (“SOFAs”) can forcefully shape bilateral security relations. SOFAs are international agreements that determine which country possesses jurisdiction over crimes committed by American soldiers sta- tioned abroad. While they are enacted to promote “smooth working rela- tions” between sending and host states, in Japan, the SOFA has devolved into one of the most contentious issues confronting the U.S.-Japan security alliance (“Security Alliance”). The SOFA has been recast as a symbol of American imperialism in the eyes of the Japanese, engendering bitter re- sentment amongst the host nation toward its western ally. Whether or not this perception of SOFA inequity is in fact justified, there is no doubt that the effects of such perception are real. As intimated by the current debate over the relocation of the Marine Corps Air Station Futenma, the profound resentment catalyzed by the SOFA now challenges the long-term viability of maintaining a forward deployment of U.S. military forces in Japan, the very foundation of the Security Alliance. Yet, in an age where the geopolitics of Northeast Asia are defined, in large part, by the precarious re-rise of China and the ever-present nucle- ar threat posed by North Korea, and as the U.S. finds itself “pivoting” to the Asia-Pacific, America’s security partnership with Japan has assumed unparalleled importance. To address these issues, traditional tools of foreign policy are traded in for an often-overlooked legal instrument, the Japan SOFA. Revision to the SOFA is crucial to strengthening the Security Alliance. Ultimately * Non-resident Sasakawa Peace Foundation (SPF) fellow, Pacific Forum, CSIS. A special thanks to The Pacific Forum CSIS for its assistance and support throughout the drafting of this paper. © 2015 Tyler J. Hill. All rights reserved.