During Peacetime There May Be Binding Agreements Which Outlines Responsibilities Of Both Nations

18 Sep

A prisoner of war should realize that the enemy could use any confession or deposition as part of a false accusation that the prisoner is more of a war criminal than a prisoner of war. In addition, some countries have expressed reservations to the Geneva Conventions (reference (g)) in which they assert that a conviction for a war criminal has the effect of depriving the convicted person of his or her status as a prisoner of war. These countries may assert that the prisoner of war is removed from the protection set out in point (g) and thus revokes the right to repatriation until the person serves a prison sentence. In many host countries, especially those with a significant foreign military presence such as South Korea and Japan, SOFA can become an important political topic after crimes allegedly committed by soldiers. This is especially true when the facts are crimes such as theft, murder, homicide or sexual crimes, especially when the charge is defined differently from one country to another. For example, in 2002 in South Korea, a US AVLB military bridge vehicle on the way to the base camp after an exercise accidentally killed two girls. Under the SOFA, a US military court convicted the soldiers involved. The panel found it to be an accident and acquitted the soldiers of manslaughter, without anyone anyone wearing criminal intent or negligence. The U.S.

military took responsibility for the incident and paid civilian damages. This has provoked widespread outrage in South Korea, calls for soldiers to be brought to justice again in a South Korean court, the spread of a multitude of conspiracy theories and a counter-reaction against the local expat community. [5] Since 2011, U.S. military authorities have allowed South Korea to charge and prosecute U.S. soldiers in South Korean courts. After three brutal rapes and arson in 2011, convictions were handed down in South Korean courts. The soldiers are or will soon be locked up in South Korean facilities. [6] [7] Shortly after the rapes and other cases, the peninsula-wide military curfew was reinstated. [8] A Status of Armed Forces Agreement (SOFA) is an agreement between a host country and a foreign country that deploys armed forces to that country.

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