special-forces-uw-tc-18-01

Us policy is to maximize us jurisdiction over the

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Unformatted text preview: reement, diplomatic notes or agreements, or unique mission or emergency agreements, define the legal status of U.S. forces in a foreign nation. Normally, these agreements give the United States exclusive jurisdiction over U.S. forces, and U.S. military personnel are not subject to HN laws and law enforcement for anything done in the performance of official duty. However, agreements are negotiated individually, and the level of protection from a given nation’s jurisdiction (and prosecution) can vary from complete protection to no protection. Accordingly, planners must analyze each operation under the specific 30 November 2010 TC 18-01 3-17 Chapter 3 agreements and authorities regarding the nation or nations in question. U.S. forces performing a UW mission are not automatically immune from HN jurisdiction. Commanders must coordinate with their legal advisor to find out the legal status of their personnel and try to obtain any necessary protection if there is no applicable international agreement. 3-101. The Rome Statute (a Treaty of Rome) of the International Court (ICC), established the ICC as a court where certain criminal violations of international law may be prosecuted. The ICC entered into force in 2002 and presently has 139 countries signed to the treaty, and of those, 114 has ratified (as of the date of this manual). Although, the United States signed the treaty in December 2000, they rejected ratifying the treaty. Accordingly, without an agreement with the subject nation that U.S. forces are not subject to ICC jurisdiction, U.S. Soldiers could face prosecution. The United States has executed many agreements with nations around the world to prevent prosecution of U.S. Soldiers in the ICC. However, commanders and planners should work closely with their legal advisors concerning any implications the Treaty of Rome or ICC may have on any specific operation or mission. 3-102. In situations where there are no agreements in place that establish the status of U.S. Soldiers in a given nation, many of the protections of the Genev...
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