The Scope of Jurisdiction Provisions in Status of Forces Agreements Related to Crisis Management Operations

Abstract

Status of Forces Agreements (SOFAs) for crisis management operations generally provide for the exclusive criminal jurisdiction by the sending State over it soldiers for offences committed on the territory of the receiving State. The issue of whether SOFAs authorize the sending State to have their military law enforcement officers use investigative powers in the receiving State, however, has been under-addressed. This article discusses the legal basis for sending States to exercise their jurisdiction to enforce during crisis management operations, by elaborating the concept of jurisdiction and examining the particular arrangements regarding enforcement jurisdiction of a number of crisis management operation SOFAs from the past and present. Based on their research, the authors identify a constraint that, in their opinion, calls for further discussion and policymaking.