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Status of Forces Agreement (SOFA): What Is It, and How Has It Been Utilized?

Description

The deadly attacks on Afghan civilians allegedly by a U.S. service member have raised questions regarding the Status of Forces Agreement (SOFA) in place between the United States and Afghanistan that would govern whether Afghan law would apply in this circumstance. In the case of Afghanistan, the SOFA, in force since 2003, provides that U.S. Department of Defense military and civilian personnel are to be accorded status equivalent to that of U.S. Embassy administrative and technical staff under the Vienna Convention on Diplomatic relations of 1961. Accordingly, U.S. personnel are immune from criminal prosecution by Afghan authorities and are immune … continued below

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34 pages.

Creation Information

Mason, R. Chuck March 15, 2012.

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This report is part of the collection entitled: Congressional Research Service Reports and was provided by the UNT Libraries Government Documents Department to the UNT Digital Library, a digital repository hosted by the UNT Libraries. It has been viewed 772 times, with 26 in the last month. More information about this report can be viewed below.

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Description

The deadly attacks on Afghan civilians allegedly by a U.S. service member have raised questions regarding the Status of Forces Agreement (SOFA) in place between the United States and Afghanistan that would govern whether Afghan law would apply in this circumstance. In the case of Afghanistan, the SOFA, in force since 2003, provides that U.S. Department of Defense military and civilian personnel are to be accorded status equivalent to that of U.S. Embassy administrative and technical staff under the Vienna Convention on Diplomatic relations of 1961. Accordingly, U.S. personnel are immune from criminal prosecution by Afghan authorities and are immune from civil and administrative jurisdiction except with respect to acts performed outside the course of their duties. Under the existing SOFA, the United States would have jurisdiction over the prosecution of the service member who allegedly attacked the Afghan civilians.

Physical Description

34 pages.

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1960's through 2018—covering a variety of topics from agriculture to foreign policy to welfare.

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Creation Date

  • March 15, 2012

Added to The UNT Digital Library

  • June 15, 2012, 10:07 a.m.

Description Last Updated

  • July 12, 2020, 5:41 p.m.

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Yesterday: 1
Past 30 days: 26
Total Uses: 772

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Mason, R. Chuck. Status of Forces Agreement (SOFA): What Is It, and How Has It Been Utilized?, report, March 15, 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc86663/: accessed April 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.

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