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Part II Commentaries to Typical Sofa Rules, 21 Military Law Enforcement

Joop Voetelink

From: The Handbook of the Law of Visiting Forces (2nd Edition)

Edited By: Dieter Fleck

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 March 2023

Detention — Military assistance — Host state law — Relationship of international law & host state law — Military matters — Peace keeping

This chapter explores the enforcement jurisdiction of Sending States in international military cooperation and international (crisis management) operations. It analyses enforcement jurisdiction and the limits on extraterritorial exercise of that jurisdiction under international law in general and also briefly addresses the concept of international legal assistance in criminal matters that allows States to deal with transnational aspects of crimes outside the framework of military cooperation and operations. The chapter then explores the scope of jurisdictional provisions in status-of-forces agreements (SOFAs). Since extraterritorial enforcement powers of States are limited, SOFAs generally include a basic provision ensuring mutual legal assistance of the States involved in carrying out criminal and other investigations. This chapter also discusses the scope of these provisions and turns to some specific powers, such as the right to exercise police powers for the purpose of maintaining (internal) order and discipline.

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