Un Sofa Agreement

A sofa should clarify the conditions under which the foreign army can operate. As a general rule, purely military issues, such as base location and access to facilities, are covered by separate agreements. A SOFA focuses more on legal issues related to military individuals and property. This may include issues such as entry and exit, tax obligations, postal services or the employment conditions of nationals of the host country, but the most controversial issues are the civil and criminal competences of bases and staff. In civil matters, SOFS provides for how civilian damage caused by the armed forces is determined and paid for. Criminal issues vary, but the typical provision of the United States is that U.S. courts have jurisdiction over crimes committed either by a serving member against another serving member or by a serving member as part of his or her military duty, but the host country retains jurisdiction for other crimes. [4] The model agreement on the status of the United Nations Armed Forces (SOFA model) (A/45/494) was drawn up and proclaimed by the Secretary-General of the United Nations in 1990. It establishes the rights, obligations and obligations between the United Nations and the host state of a UN peace operation. The SOFA model is the starting point for discussions between the United Nations and the host state on a SOFA or Mission Status (SOMA) agreement. The SOFA model is often considered by the Security Council to be legally applicable until a mission-specific agreement is reached.

The aim of this study is to examine the various SOFS and SOMAs that have been completed by the United Nations over the past 20 years and to take into account the evolution and trends of UN practice since 1990. A number of key aspects of the current UN peace efforts are not well addressed in the SOFA model. A UN peacekeeping mission is more effective if it has clear legislation consistent with its mandate and activities. The study can identify areas with consistent practice that could warrant a complement to the model sofa. More detailed information and preliminary reports can be found in the Documents section on this website. The political issue of SOFA is complicated by the fact that many host countries have mixed feelings about foreign bases on their soil and that SOFA renegotiation requests are often linked to calls for a total withdrawal of foreign troops. Issues of different national practices may arise – while the United States and host countries in general agree on what constitutes a crime, many American observers believe that the host country`s judicial systems offer much lower protection than the United States and that the host country`s courts may be under pressure from the public to be found guilty; In addition, U.S. service members who are invited to send shipments abroad should not be forced to waive their rights under the Rights Act. On the other hand, observers of the host country who do not have a local equivalent of the law of rights often feel that these are irrelevant excuses for special treatment and resemble the extraterritorial agreements demanded by Western countries during colonialism. A host country where such sentiment is widespread, South Korea, itself has forces in Kyrgyzstan and has negotiated a SOFA that gives its members total immunity from prosecution by the Kyrgyz authorities for any crime, which goes far beyond the privileges that many South Koreans enter into their country`s couch with the United States. [11] An agreement on visiting missions is akin to an agreement on the status of the armed forces, with the exception of the first, which covers only troops temporarily stationed in a country that does not reside there.