Military Law Enforcement

When based on an agreement or customary international law a Sending State is authorized to prosecute a deployed service member suspected of having committed a criminal offence abroad, its prosecution service must be able to thoroughly prepare the case, which will normally include conducting a criminal investigation and, if necessary, arrest of the suspect. The Sending State’s right to adjudicate, however, does not necessarily entail the right to exercise all of its investigative (enforcement) powers with respect to that particular criminal case in the territory of the Receiving State. Within the scope of the law of visiting forces, a Sending State’s enforcement jurisdiction over its forces deployed in the Receiving State with that State’s consent should be set out in the relevant Status of Forces Agreement. This Chapter explores enforcement jurisdiction of Sending States in the context of international military cooperation and international (crisis management) operations