Part II Commentaries to Typical Sofa Rules, 10 Contractor Personnel

Subject(s):

Military assistance — Military matters

This chapter explores the rights and obligations of contractors under contemporary status-of-forces agreement (SOFA) provisions with a particular emphasis on criminal jurisdiction. Initially, it describes the origin of civilian involvement in military operations and discusses it from a historical perspective. The focus then turns to present day practice. First, the term contractor is explained and defined. Next, the post-Cold War practice with respect to the legal status of contractors and their employees is explored by taking the example of SOFAs concluded by States and organizations that are in particular involved in contractor support of deployed operations, i.e. the US and NATO, UN, and EU. The chapter then analyses current SOFA practice by comparing the position of contractors and troops under international law.