with many countries throughout the world, not
just to protect other nations, but to protect
ourselves. Our NATO allies have raised sizable
military forces. They are producing military
equipment and supplies in significant quantities.
They provide many important ports and bases for
common defense. They are supplying more
military power to supplement and reinforce
American defense efforts than we can find
anywhere else in the world. NATO represents our
first line of defense; the degree of its effectiveness
has a tremendous impact upon the dependability
of our own national defense system.
As part of our contribution to the NATO
partnership, we have stationed a large number of
United States military forces in Europe. While
those forces are a minority of the total, their
presence is indispensable to NATO. In political
and psychological terms, they represent a body
of trained and skilled persons for which no
substitution from European sources is practical.
They operate ports and air bases and other
technical facilities that are vital to effective
defense in modern warfare. Our allies want these
troops to stay in Europe. We recognize the need
to have them there. They are part of an overall
pattern of defense that could not be disrupted
without injury to the entire structure.
The important point for us to remember is that
American troops are not in Europe as a favor to
our allies. They are there because we know we can
get more total protection by combining our
strength with that of other nations than by
standing alone. They are there because we want
to prevent war altogetherto stop it before it
starts. If war comes despite our best efforts to
prevent it, those military forces are in the place
where they can do the most goodwhere they can
help to halt an enemy attack and to retaliate with
immediate effect. No credit is given today to the
idea that American armed forces can best protect
American citizens by staying at home and waiting
for an enemy to strike the United States.
JURISDICTIONAL ARRANGEMENTS
In peacetime, before 1939, many troops were
stationed in colonies and territories of their own
countries, but military forces were not stationed
in sovereign foreign countries on a large scale.
During World War II, unprecedented numbers
of military persons were stationed in foreign
countries, particularly those of the Western
powers;
but jurisdiction over their alleged
criminal offenses seemed relatively unimportant
to hard-pressed nations. For example, when the
fate of Britain was at stake, England was in no
position to argue over criminal jurisdiction; and
when a sending state, such as the United States,
insisted on exclusive jurisdiction over all criminal
offenses of its forces and accompanying civilians,
Britain quickly agreed. The same has been true
in other countries.
After the war, large numbers of United States
military forces remained in foreign countries. At
first, they remained as occupying forces. Later,
with the permission of the foreign governments,
they remained while these countries recovered,
economically and politically, from the aftereffects
of the war. Once these countries regained their
independence and sovereignty, the United States
no longer could claim it was entitled to exclusive
jurisdiction over the members of our own-armed
forces.
Today, a basic principle of international law
is that a country has a right to try all offenders
for crimes committed within its territory. There
are a few exceptions to that rule, the best known
one being the immunity of diplomatic personnel
from the jurisdiction of the host country. Some
other exceptions are based on special treaties and
agreements.
We object to trial of United States personnel
in foreign courts. We feel that a member of our
forces, tried in a foreign court under a different
legal system and in a language he or she may not
understand, might not receive a fair trial.
The purpose of the Status of Forces Agree-
ments is not to grant jurisdiction to foreign courts
over cases not normally under their jurisdiction.
On the contrary, in some cases the objective of
the agreement is to gain the same right of
jurisdiction as the foreign court. This equal right
of jurisdiction is called concurrent jurisdiction.
In other cases, the objective of the agreement is
to acquire waiver of jurisdiction by the foreign
court.
Most countries generally yield jurisdiction to
our military courts because of the Status of Forces
Agreements. Therefore, we cannot object too
strongly to the trial of those Americans who have
committed offenses which that country believes
should be under their jurisdiction. We cannot
expect to gain concessions to criminal jurisdiction
within a foreign country nor to obtain guarantees
beyond those available to the citizens of that
country.
Military commanders of overseas commands
have reported that the jurisdictional arrangements
in the countries under their responsibility have
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