Sofa Agreement Japan

If the United States terminates the SOFA status, the contractor has a maximum period of one year to change status or leave Japan, in accordance with the agreement. Given Japan`s security environment, the importance of Japan-U.S. is unlikely to change in the future. But increased distrust of SOFA could undermine the relationship of trust on which the alliance is based. The Japanese government should discuss revisions to the agreement with the United States (e) The arbitrator`s compensation will be established by mutual agreement between the two governments and will be borne in equal parts with the necessary costs related to the performance of his duties. The contractor must be “indispensable to the mission of the United States Armed Forces and have a high level of skills or knowledge to meet the requirements of the mission,” the agreement states. The agreement is particularly one-sided compared to the US`s LAASs and their NATO partners, Germany and Italy. In addition, some peculiarities of the agreement create domains with perceived privileges for American soldiers. For example, because SOFA exempts most U.S. military personnel from Japanese visa and passport legislation, incidents have occurred in the past, where U.S. military personnel have been sent back to the U.S. before being charged in Japanese courts.

In addition, the agreement requires that when a U.S. service member is suspected of a crime but is not captured outside a base by Japanese authorities, U.S. authorities retain custody until acceptance of the service is formally charged by the Japanese. [2] Although the agreement also requires the United States to cooperate with Japanese authorities in investigations,[3] Japanese authorities often claim that they still do not have regular access to interrogate or question the United States. Soldiers, making it more difficult for Japanese prosecutors to prepare cases for indictment. [4] [5] This is compounded by the singularity of Japanese pre-indictment interrogations, which focus on confession as a precondition for indictment, often without a lawyer[6] and can last up to 23 days. [7] Given the difference between this interrogation system and the system in the United States, the United States has argued that the extraterritoriality granted to its military members under the SOFA is necessary to grant them the same rights as those of the U.S. criminal justice system. However, since the okinawa rape incident in 1995, the United States has agreed to consider surrendering suspects in serious cases, such as rape and murder, before being charged. [8] On January 16, 2017, Japan and the United States “signed a supplementary agreement to limit and clarify the definition of the civilian component protected by the status-of-forces agreement.” [9] [10] This agreement came after the rape and murder of an Okinawan woman in 2016, allegedly by a civilian contract worker employed in the United States…

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