Page 212 - Law of Peace, Volume ,

Pam 27-161-1

international military headquarters in addition to 10-6. Conclusion. As should be apparent from the
"Supreme Headquarters" and "Allied Headquarters" foregoing, the United States is a party to a.multitude of
would be established, by separate agreement, in the ter- agreements denominating the status of its military person-
ritories of various member states. 113 Further, the IMH nel, its civilian employees, and their respective depend-
Protocol envisages the possibility of bilateral agreements
between a receiving State and a Supreme Headquarters ents. It is important to note that the status of American
supplementing the IMH Protocol. 114 The agreements dis- citizens may differ even within the same receiving State,
cussed below are examples of those separate national depending on the official purpose for their presence. For
agreements. example, American military personnel in Germany may
(4) The IMH Agreement-Germany is a be subject to either the NATO SOFA or to an Interna-
multilateral agreement between the signatories to the tional Headquarters agreement and the privileges and im-
NATO Status of Forces Supplementary Agreement 11s munities would vary accordingly. Further complicating
conferring on the personnel of the signatory sending State the issue, the treatment accorded American personnel
elements of the international military headquarters in under the same agreement may vary. Under the Ottawa
Germany the same status as those personnel would enjoy
under the Supplementary Agreement. At the present Agreement, certain personnel have diplomatic immunity
time, the international military headquarters to which this while others do not. Further, the liaison authorities may
agreement applies are NATO commands subordinate to also differ. The "designated commanding officer" who is
Headquarters AFCENT. 116 responsible for U.S. forces and personnel according to the
NATO SOFA is not the "responsible authority" under
113. Id. at preamble.
114. Id. at para. 2, art. XVI. the Ottawa Agreement.
115. Belgium, Canada, Germany, Netherlands, United Kingdom, The aforementioned examples are inserted at this point
and United States.
116. At the present time there are four International Military Head- to alert the military attorney to the complexity of the prob-
quarters in Germany; Headquarters Northern Army Group lems that may arise under the various agreements.
(NORTHAG) located in Muenchen-Gladbach; Headquarters Central Differences in result may apply not only to the jurisdic-
Army Group (CENTAG) located in Seckinheim; Headquarters 2d
Allied Tactical Air Force (2d ATAF) located at Meunchen-Gladbach; tional status of personnel and their dependents but also to
and Headquarters, 4th Allied Tactical Air Force (4th ATAF) located at other rights and privileges.
Ramstain.