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- Preliminary Material
- Preface
- Contents
- Table of Treaties and Other International Instruments
- United Nations
- AU
- NATO
- EU
- OSCE
- CSTO
- Red Cross and Red Crescent Movement
- Albania
- Afghanistan
- Australia
- Belgium
- Belize
- Bosnia and Herzegovina
- Brunei
- Bulgaria
- Cameroon
- Cape Verde
- Central African Republic
- China
- Cook Islands
- Croatia
- Cyprus
- Djibouti
- East Timor
- Finland
- Gabon
- Germany
- Haiti
- Hungary
- Iraq
- Israel
- Italy
- Japan
- Korea
- Kuwait
- Kyrgyz Republic
- Liberia
- Malawi
- Malta
- Mazedonia, Former Yugoslav Republic
- Montenegro
- Netherlands
- Pakistan
- Papua New Guinea
- Poland
- Philippines
- Portugal
- Romania
- Russian Federation
- Rwanda
- Saudi Arabia
- Seychelles
- Slovakia
- Slovenia
- Somalia
- South Sudan
- Spain
- Sudan
- Syria
- Tajikistan
- Uganda
- United Kingdom
- United States
- Yugoslavia
- Table of Legislation
- Table of Judgments
- International Court of Justice
- Permanent Court of International Justice
- International Tribunal of The Law of The Sea
- International Criminal Court
- European Court of Justice (ECJ)
- European Court of Human Rights (ECtHR)
- International Criminal Tribunal for the Former Yugoslavia
- International Criminal Tribunal for Rwanda
- Special Court for Sierra Leone
- National Courts
- Abbreviations
- List of Contributors
- Main Text
- Part I General Framework
- 1 Introduction
- 2 Historical Developments Influencing the Present Law of Visiting Forces
- Preliminary Material
- I Introduction
- II The Law of Visiting Forces Prior to World War II
- III Visiting Forces During World War II
- IV Key Issues of the Negotiations, and of Parliamentary Debates, on NATO SOFA
- V The Warsaw Pact Arrangements
- VI Challenges Posed by Post-Cold War Types of Military Operations
- VII Conclusion
- 3 Multinational Military Operations
- 4 UN Peace Operations
- I General
- II Historical Development
- III Various Functions of Peace Operations
- IV Rules of International Law Relating to the Status of UN Peace Operations
- 1 The subjects of rights and duties under international law
- 2 Mission-specific arrangements
- 3 Legal rules of a general nature: treaties
- 4 General rules of international law and customary international law
- 5 Internal UN rule-making of a general nature
- 6 Command and control in and status of peace operations
- V Conclusions and Outlook
- 5 The Immunity of Visiting Forces and their Headquarters
- Part II Commentaries to Typical Sofa Rules
- 6 General Overview
- 7 Respect for the Law of the Receiving State
- 8 Members of Visiting Forces
- 9 Civilian Components
- 10 Contractor Personnel
- 11 Dependents
- 12 Entry and Departure of Visiting Forces
- 13 Permits and Licences
- 14 Vehicles
- 15 Uniform
- 16 Communications
- 17 Premises
- 18 Travel and Transport
- 19 Arms
- 20 Jurisdiction
- I Introduction
- II Criminal Jurisdiction
- 1 Personnel covered by status-of-forces agreements
- 2 The jurisdictional decision
- 3 Arrest, custody, and related issues
- (a) Legal hold over military personnel
- (b) Legal hold as it pertains to members of the civilian component and dependents
- (c) ‘Extradition’ and return of military personnel
- (d) Surrender
- (e) Rights of accused
- (f) Interrogation
- (g) The right to counsel and when it attaches
- (h) Appeals
- (i) Execution of sentences
- (j) A sovereignty sore spot: The death penalty
- III Civil Jurisdiction
- IV Administrative Jurisdiction
- V Conclusion
- 21 Military Law Enforcement
- 22 Claims
- I Introduction
- II Historical Background
- III The NATO SOFA Claims Regime
- IV Claims Operations in Eastern Europe
- V Claims Operations in the EU
- VI UN Claims Operations
- VII NATO-Led Claims Operations in the Former Yugoslavia
- VIII Claims Operations in Pakistan and Afghanistan
- IX Conclusions
- 23 Logistic Support
- 24 Deceased Members
- 25 Tax and Customs Exemptions
- 26 Foreign Exchange Regulations
- 27 Financing Operations
- 28 The ‘Joint Commission’ Liaison Mechanism
- 29 Supplemental Arrangements
- 30 Settlement of Disputes
- 31 Territorial Applicability
- I General
- II Applicability of NATO SOFA in Specific Areas
- III Applicability of NATO SOFA Out of Area?
- IV Conclusion
- 32 Revision
- 33 Termination
- 34 Applicability during Crisis or War
- Part III Headquarters Agreements
- 35 Legal Issues Related to International Military Headquarters
- 36 United Nations Headquarters in the Field
- 37 NATO International Military Headquarters
- I Background and Role of the Paris Protocol
- II Preliminary Remarks
- III Comments to Specific Provisions of the Paris Protocol
- 1 NATO International Military Headquarters—When does the Paris Protocol apply? Preamble, Art. 1, and Art. 14
- 2 The Paris Protocol and the NATO SOFA (Paris Protocol Arts. 2, 3 (para. 2), and 4, 15, and 16, (para. 2))
- (a) An Allied Headquarters and the notion of ‘Sending State’ (Art. 3, para. 2)
- (b) Art. 4 and applying the NATO SOFA to Allied Headquarters
- (c) Settlement of disputes and differences—Paris Protocol, Art. 15
- (d) Revision, accession, entry into force, and scope of application—Paris Protocol, Art. 16, para. 1
- 3 Supplementary Agreements (Paris Protocol, Art. 16, para. 1)
- 4 Legal Status (Paris Protocol, Arts. 10 and 13, para. 1)
- 5 Inviolability of an Allied Headquarters and immunity from jurisdiction (Paris Protocol, Arts. 11 and 13; NATO SOFA, Art. XI, para. 3)
- 6 An Allied Headquarters and its assets (Paris Protocol, Arts. 9 and 12)
- 7 Fiscal privileges and immunities of an Allied Headquarters (Paris Protocol, Art. 8, para. 1 and NATO SOFA, Arts. XI–XIII)
- 8 An Allied Headquarters, reporting of its staff, and issuance of ID cards by the headquarters and the Receiving State (the Paris Protocol, Art. 5)
- 9 Allied Headquarters’ international staff members and their status under the Paris Protocol Arts. 3, 7, and 8 (paras. 2 and 3)
- IV Conclusions
- 38 Other Military Headquarters
- Part IV The International Red Cross and Red Crescent Movement
- 39 The International Committee of the Red Cross: Legal Status, Privileges, and Immunities
- 40 Rights and Obligations of Foreign National Red Cross and Red Crescent Societies
- I Introductory Remarks
- II The Origins of National Red Cross and Red Crescent Societies
- III The Legal Status of National Societies
- IV The Mandate, Role, and Tasks of National Societies
- V Legal Framework of National Societies’ International Operations
- VI Relations with Military Bodies
- VII Concluding Remarks
- Part V Case Studies
- 41 The Law of Stationing Forces in Germany: Six Decades of Multilateral Cooperation
- 42 The Japan Experience with Visiting Forces—An Evolving Perspective
- 43 Visiting Forces in Korea
- 44 Afghanistan
- I Introduction
- II The Bonn Agreement
- III The International Security Assistance Force
- IV Operation Enduring Freedom
- V ISAF Mission Change and Blurring of Roles with OEF
- VI SOFA Challenges under ISAF and OEF
- VII Negotiations for New SOFAs
- VIII The New Legal Framework: The Afghanistan-NATO SOFA and Afghanistan-US Bilateral Security Agreement (BSA)
- IX Conclusion
- 45 Russian Forces in the Former USSR and Beyond
- I National Security Powers under the Russian Constitution of 1993
- II Implementing Legislation
- 1 Participation in international peace operations under the UN or regional mandates
- 2 Engagement of terrorists outside the Russian territory
- 3 Repulsion of an armed attack against Russian forces
- 4 Repulsion or prevention of an armed attack against other States
- 5 Protection of Russian citizens abroad
- 6 Repression of piracy
- III Official Practice
- IV Conclusion
- 46 Alternative Approaches to Certain Deployments: Agreements Conferring Status Similar to the Status of Administrative and Technical Staff of Embassies (A&T Agreements)
- Part VI Conclusions for the Planning of Military Deployments
- Part I General Framework
- Further Material
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