Part II Commentaries to Typical Sofa Rules, 8 Members of Visiting Forces

Subject(s):

Military assistance — Military matters

This chapter provides a proposed scope of application of the NATO SOFA and compares this to other agreements. In the NATO SOFA, the definition of a ‘force’ covers both collective military units and individuals in active service and assigned to the military line of command. Nationality is not a condition to be met as a ‘member of a force’. The member of the armed service of one party must be present on the territory of another contracting party to fall within the definition, and as such, Receiving State personnel are excluded from the definition of a ‘force’. The force must furthermore be operating in the North Atlantic Treaty area. Finally, the member of the force must be present on the territory of another party in connection with official duties. This condition, particularly, has generated discussion in NATO SOFA practice.