Agreement Regarding Status of Forces of Parties of the North Atlantic Treaty: Supplementary Hearing Before the Committee on Foreign Relations, United States Senate, Eighty-third Congress, First Session ... June 24, 1953
U.S. Government Printing Office, 1953 - 89 էջ
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abroad according agree agreement Allied American apply Armed Forces Army authorities bases believe Britain British BROWNELL Chairman Chief civil claim Code command committee complete concerned CONGRESS THE LIBRARY consent considered constitutional courts courts-martial criminal jurisdiction decided Department dependents discipline duty effect enter Exchange exclusive jurisdiction executive exempt exercise express fact follows foreign forces France French friendly foreign give Government grant hearings immunity international law Justice King LIBRARY OF CONGRESS matter ment military nation negotiations notes offenses committed officer opinion parties personnel persons present principle proposed protection provisions punishment question reason receiving recognized record regard request reservation respect rule of international Schooner Exchange Senator BRICKER Senator GREEN Senator SMITH sending situation soldier sovereign statement stationed Status of Forces territory tion treaty trial tried troops United violation visiting forces waive World
Էջ 48 - ... it is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty, to the extent of the restriction and an investment of that sovereignty, to the same extent, in that power, which could impose such restriction.
Էջ 39 - If the State having the primary right decides not to exercise jurisdiction, it shall notify the authorities of the other State as soon as practicable. The authorities of the State having the primary right shall give sympathetic consideration to a request from the authorities of the other State for a waiver of its right in cases where that other State considers such waiver to be of particular importance.
Էջ 48 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Էջ 48 - This perfect equality and absolute independence of sovereigns, and this common interest impelling them to mutual intercourse, and an interchange of good offices with each other, have given rise to a class of cases in which every sovereign is understood to waive the exercise of a part of that complete exclusive territorial jurisdiction, which has been stated to be the attribute of every nation.
Էջ 49 - ... a nation to the necessity of resisting by war an act, not absolutely hostile in its character or of exposing itself to the stratagems and frauds of a power whose integrity might be doubted, and who might enter the country under deceitful pretexts. It is for reasons like these, that the general license to foreigners to enter the dominions of a friendly power, is never understood to extend to a military force ; and an army marching into the dominions of another sovereign, may justly be considered...
Էջ 48 - ... composed of distinct sovereignties, possessing equal rights and equal independence, whose mutual benefit is promoted by intercourse with each other, and by an interchange of those good offices which humanity dictates and its wants require, all sovereigns have consented to a relaxation in practice, in cases under certain peculiar circumstances, of that absolute and complete jurisdiction within their respective territories which sovereignty confers.
Էջ 49 - The grant of a free passage therefore implies a waiver of all jurisdiction over the troops during their passage, and permits the foreign general to use that discipline, and to inflict those punishments which the government of his army may require.
Էջ 84 - When under the provisions of this article delivery is made to the civil authorities of an offender undergoing sentence of a courtmartial, such delivery, if followed by conviction, shall be held to interrupt the execution of the sentence of the court-martial, and the offender shall be returned to military custody, after having answered to the civil authorities for his offense, for the completion of the said court-martial sentence.
Էջ 49 - Without doubt, the sovereign of the place is capable of destroying this implication. He may claim and exercise jurisdiction either by employing force or by subjecting such vessels to the ordinary tribunals. But until such power be exerted in a manner not to be misunderstood, the sovereign cannot be considered as having imparted to the ordinary tribunals a jurisdiction, which it would be a breach of faith to exercise.