US Soldiers Are Immune from Afghan Prosecution, CRS Says
The American soldier who is accused of killing 16 Afghan civilians is under the legal jurisdiction of the U.S. government and is immune from prosecution under Afghan law, says a newly updated report from the Congressional Research Service.
Afghan officials had said they wanted the soldier to be tried in Afghanistan, not in an American military court, the New York Times and other press outlets reported.
But according to CRS, the Status of Forces Agreement (SOFA) between the US and Afghanistan dictates otherwise.
“In the case of Afghanistan, the SOFA, in force since 2003, provides that U.S. Department of Defense military and civilian personnel are to be accorded status equivalent to that of U.S. Embassy administrative and technical staff under the Vienna Convention on Diplomatic Relations of 1961,” the CRS report said.
“Accordingly, U.S. personnel are immune from criminal prosecution by Afghan authorities and are immune from civil and administrative jurisdiction except with respect to acts performed outside the course of their duties. The Government of Afghanistan has further explicitly authorized the U.S. government to exercise criminal jurisdiction over U.S. personnel.”
“Thus, under the existing SOFA, the United States would have jurisdiction over the prosecution of the servicemember who allegedly attacked the Afghan civilians.”
A copy of the CRS report was obtained by Secrecy News. See Status of Forces Agreement (SOFA): What Is It, and How Has It Been Utilized?, March 15, 2012.
We sat down with Dr. Max Moritz and Chief Rob Hazard to discuss how communities use time, money, and data to reduce the risk that wildfires pose.
The Colorado Future Systems Policy Sprint is FAS’s first state-level policy sprint. Policy sprints are key incubators for “policy entrepreneurship,” FAS’s method for equipping individuals with strong ideas with the technical assistance to develop policy.
Colorado already has the building blocks in place to modernize its agricultural industry – they just have to put it to use. With state recognition, a San Luis Valley pilot could improve local capacity in just three years.
As we head into the fall and the end of the 119th session, we face significant S&T issues of concern. Here is what we’re tracking.