Criminal Jurisdiction Under the U.S.-Korea Status of Forces Agreement: Problems to Proposals
37 Pages Posted: 29 Aug 2011
Date Written: October 2003
This Article examines the history and structure of the U.S.-Korea Status of Forces Agreement (SOFA), as compared the NATO SOFA, and proposes measures to improve the exercise of jurisdiction over crimes committed by U.S. soldiers in Korea while on duty. After examining theoretical and practical concerns attaching to the current exercise of criminal jurisdiction, I argue that the interests of both countries may be better served by amending the U.S.-Korea SOFA to resemble more closely the NATO SOFA. I also argue for elimination of jury trials in limited circumstances where cases involve both States or both nationals.
Keywords: foreign criminal jurisdiction, status offorces agreement, SOFA
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