America rejects soliders trialed with muslim law (1 Viewer)

[nogoodname]

I heard on the news that Bush rejected the idea of soliders being trialed in iraq :shock:. I wanted to ask why do we say no to soldiers being trialed in Iraq and under the law their. If i commit a crime in New York i will be trialed in new york and under new yorks laws so how come its diffrent for the middle east

 

[jamesrage]

I heard on the news that Bush rejected the idea of soliders being trialed in iraq :shock:. I wanted to ask why do we say no to soldiers being trialed in Iraq and under the law their. If i commit a crime in New York i will be trialed in new york and under new yorks laws so how come its diffrent for the middle east

To a certian degree I beleave that when in Rome do as the Roman's do.I remeber that while stationed in Korea a similar incedent came up.It involved to soldiers accidently running over two Korean girls in a engineer vehicle.Usually if a soldier,marine,airmen or salior commits a crime off duty and off post then that criminal case is the responsibility of the local civilains courts to handle,how ever if a crime is commited while on duty then that court case is the responsibility of of the military.

http://en.wikipedia.org/wiki/Status_of_Forces_Agreement

In many host nations, especially those with a large foreign presence such as South Korea and Japan, the SOFA can become a major political issue following crimes allegedly committed by servicemembers. This is especially true when the incidents involve severe crimes, such as robbery, murder, manslaughter or sex crimes, especially when the charge is defined differently between the two nations. For example, in 2002 in South Korea, two girls were killed by a U.S. military vehicle during a training exercise and the soldiers involved were tried under U.S. criminal jurisdiction. The court martial panel found the act to be an unavoidable accident and acquitted the servicemembers, citing no criminal intent or negligence. The U.S. military accepted responsibility for the incident and paid civil damages. This prompted widespread protests across Korea, demanding that the soldiers be retried in a Korean court.

However, most crimes by servicemembers against local civilians occur off duty, and in accordance with the local SOFA are considered subject to local jurisdiction. Details of the SOFAs can still prompt issues. In Japan, the U.S. SOFA includes the provision that servicemembers are not turned over to the local authorities until they are charged in a court.







So the answer to your question "why the soldiers or marines who are accused of commiting certian crimes are not tried in Iraqi or Afghan courts" is because the the crimes tthey are accused of commiting happened while on duty.I could be wrong on this though.SOFA agreements vary and I do not know if Iraq has one,Cain may know the answer to this since he has been to Iraq.