OP
navyvetcv60
Orange Belt
- Thread Starter
- #81
God, I created a monster with this thread, it should be gone.
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I know a guy who'd probably argue that point. He assaulted a civilian while our Marine unit was deployed to Okinawa circa 1988, and spent several months in a Japanese prison at Naha.The US military never allows active duty military personnel to be tried by a foreign, unaccountable, court.
They want to know also how it can be avoided in future.
TEZ3 said:All they and we are asking for is openess, that the people concerned come forward as witnesses to say what happened. They want the truth, however painful and they will face it bravely far better than being caught up in a a mesh of red tape and lies.
I know a guy who'd probably argue that point. He assaulted a civilian while our Marine unit was deployed to Okinawa circa 1988, and spent several months in a Japanese prison at Naha.
I thought maybe that's what you were getting at. I just wanted to clarify your comment that the US never surrenders jurisdiction. The case I referred to was an off-duty (and off-base) incident, so the Okinawan government had jurisdiction. I believe it's part of SOFA (Status of Forces Agreement).Under Article 7, for conduct that violates both U.S. military law and the law of the host country, there is concurrent jurisdiction. In that event, U.S. courts martial are granted the primary right to exercise jurisdiction to try crimes committed against the security or property of the United States or against U.S. personnel or their property, as well as crimes arising out of actions taken "in the performance of official duty. " In all other instances of concurrent jurisdiction, the host country has the primary right to exercise that jurisdiction. However, in deference to U.S. concerns, the host country is obligated to give "sympathetic consideration" to any U.S. request for waiver of the primary right to exercise jurisdiction if the United States claims such waiver "to be of particular importance."