Page 211 - Law of Peace, Volume ,

Pam 27-161-1

action under United States law involving such persons." Organization, provides that "[elvery person designated by
In the Agreement on Privileges and Immunities for a Member State as its principal permanent representative
United States Personnel Under F-5 Aircraft Maintenance to the Organization in the territory of another Member
and Training Program 97 and the National Guard Modern- State, and such members of his official staff resident in
ization Program Agreement, 98 identical treatment was that territory as may be agreed between the State which
extended to personnel under those programs. has designated them and the Organization and between
g. Other Agreements. Mentioned earlier in Part I are the Organization and the State in which they will be resi-
the Rio Pact 99 effective 3 December 1948, including all dent, shall enjoy the immunities and privileges accorded
the nations of North and South America except Canada; to diplomatic representatives and their official staff of
the SEAT0 Pact 100 [Southeast Asia Collective Defense comparable rank." 108 The Agreement further provides
Treaty] effective 19 February 1955, between the United that any other representative, including advisers and tech-
States, the United Kingdom, France, New Zealand, nical experts of delegations, as well as official clerical staff
Australia, Thailand, Pakistan, and the Philippines; the accompanying a representative of a Member State shall,
ANZUS Pact 101 of 29 April 1952, involving the United while present in the territory of another Member State for
States, Australia, and New Zealand; and the CENT0 Pact the discharge of his duties, be entitled to the same im-
to which Iran, Pakistan, Turkey, and the United Kingdom munity from personal arrest or detention as that accorded
are parties, and to which the United States has made a to diplomatic personnel of comparable rank. 109 However,
declaration. 102 since the privileges and immunities accorded to these per-
h. International Headquarters Agreements. (1) In ad- sonnel are not for the personal benefit of the individuals
dition to the multilateral and bilateral SOFAS governing I themselves but in order to safeguard the independent ex-
the status of personnel assigned or attached to national ercise of their functions in connection with the North
military forces of a sending State within the territory of a Atlantic Treaty, "a Member State not only has the right,
receiving State, other agreements have been adopted but is under a duty to waive the immunity of its repre-
governing the status of personnel assigned or attached to sentatives and members of their staffs in any case where,
international organizations and international military in its opinion, the immunity would impede the course of
headquarters in several states in which such international justice and can be waived without prejudice to the pur-
organizations or headquarters are located. Typical exam- poses for which immunity is accorded." 110
ples of such agreements are as follows: (3) The IMH Protocol, on the other hand, governs
(a) The Ottawa Agreement on the Status of the the status of the military side of the NATO complex,
North Atlantic Treaty Organization, National Representa- specifically to Supreme Headquarters Allied Powers in
Europe (SHAPE), Headquarters, Supreme AUied Com-
tives, and International Staff. 103
(b) Protocol on the Status of International Mili- mander Atlantic (SACLANT) , other equivalent interna-
tional military headquarters set up pursuant to the North
tary Headquarters. 104
(c) Agreement Regarding the Status of Personnel Atlantic Treaty (e.g., Allied Command Channel) and any
of Sending States Attached to an International Military other international military headquarters immediately
Headquarters of NATO in the Federal Republic of Ger- subordinate to a Supreme Headquarters (the latter desig-
nated as "Allied Headquarters"). 111 Examples of
many. 105
(4 SHAPE/Belgian Agreement 106 (to be ad- "Allied Headquarters" are the three major subordinate
ded). international military headquarters assigned to SHAPE:
(e) AFCENTmetherlands Agreement 107 (to be Allied Forces Northern Europe (AFNORTH) located in
added). Kolsaas, Norway; Allied Forces Central Europe (AF-
CENT) located in Brunssum, The Netherlands; and
(2) The Ottawa Agreement, governing the status of
the nonmilitary side of the North Atlantic Treaty Allied Forces Southern Europe (AFSOUTH) , located in
Naples, Italy. From the standpoint of criminal jurisdic-
-- tion, the Protocol applies the provisions of Article W of
97. [I9721 23 U.S.T. 1469, T.I.A.S. No. 7425. NATO SOFA to the personnel of the national military ele-
90. [I9731 24 U.S.T. 1106, T.I.A.S. No. 7634. ments assigned to the several international military head-
99. 62 Stat. 1681, T.I.A.S. No. 1838 (1947).
100. [I9551 6 U.S.T. 81, T.I.A.S. No. 3170. quarters "when such personnel are present in [the territo-
101. I19521 3 U.S.T. 3420, T.I.A.S. No. 2943. ry in which the headquarters is located] in connection with
102. [I9581 9 U.S.T. 1077, T.I.A.S. No. 4084. their official duties." 112 The IMH Protocol establishes
103. [I9541 5 U.S.T. 1087, T.I.A.S. No. 2992 [hereinafter referred basic relationships in consideration of the expectation that
to as Ottawa Agreement].
104. [I9541 5 U.S.T. 870, T.I.A.S. NO. 2978 [hereinafter referred
to as the I.M.H. Protocol]. 10s. Ottawa Agreement, supra note 105, art. MI.
10s. [1967] 20 U.S.T. 4055, T.I.A.S. No. 6792 [hereinafter referred "39. Id. at arts. XI11 and XIV.
to as I.M.H. Agreement-Germany]. 110. Id. at art. XV.
106. SHAPE/Belgium. 111. I.M.H. Protocol, supra note 106, at art. I.
107. AFCENT Netherlands. 112. Id. at art. 11.