Skip Navigation

Journal of International Criminal Justice 2003 1(3):651-670; doi:10.1093/jicj/1.3.651
© 2003 by Oxford University Press
This Article
Right arrow Full Text (PDF)
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Fleck, D.
Right arrow Search for Related Content
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

Are Foreign Military Personnel Exempt from International Criminal Jurisdiction under Status of Forces Agreements?

Dieter Fleck1

1 Federal Ministry of Defence, Germany

Exemptions from international criminal jurisdiction are of particular importance for the ongoing dispute on the role and authority of the International Criminal Court. In this context, the application of Articles 16 and 98 ICCSt. has led to controversies. The author examines the relevance of Article 98 ICCSt. to agreements governing the legal status of visiting forces in a receiving state (Status of Forces Agreements: SOFAs). He concludes that as Article 98(2) is not applicable to standard SOFAs, no conflicts between such SOFAs and the ICC Statute should arise. As organs of their sending states, foreign servicemen enjoy functional immunity under general principles of international law recognized under Article 98(1); consequently, any act of detention or physical control by the receiving state would require cooperation with the sending state. The same conclusion is reached with regard to members of peacekeeping operations, as they are generally exempted from the jurisdiction of the receiving state


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer: Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.