U.s. Status Of Forces Agreements

Agreement on the Status of Military and Civilian Personnel of the United States (T.I.A.S.), cited Mutual Defense Treaty (3 U.S.T. 3947) On 23 May 2005, President Hamid Karzai and President Bush issued a “joint declaration” in which they presented a future agreement between the two countries60.60 It provides that the US military in Afghanistan “organizes, trains the Afghan security forces” until Afghanistan has developed its own capabilities. and “consultation to take appropriate action in the event that Afghanistan exercises territorial integrity, independence or security.” The statement does not mention the status of U.S. forces in Afghanistan, but if an agreement is reached in accordance with the declaration, an agreement on the status of the armed forces can be expected to be reached. In August 2008, shortly after the US airstrikes apparently resulted in civilian casualties, President Karzai called for a review of the presence of all foreign forces in Afghanistan and the conclusion of formal SOFS with the countries concerned.61 However, it does not appear clear that the parties have begun formal negotiations that could lead to an updated sofa. There is agreement on the status of U.S. Department of Defense military and civilian personnel in Afghanistan as part of cooperation efforts in terrorism, humanitarian and civic assistance, military training and exercises, and other activities.45 These personnel must be granted “equivalent status to the administrative and technical personnel” of the U.S. Embassy. , in accordance with the Vienna Convention on Diplomatic Relations in Vienna of 1961.46. , U.S. personnel are immune from criminal prosecution by Afghan authorities, and are immune from civil and administrative jurisdiction, except for acts committed outside their duties.47 In the agreement, the Islamic Transitional Administration of Afghanistan (ITGA)48 explicitly authorizes the U.S.

government to exercise criminal jurisdiction over U.S. personnel. , and the Government of Afghanistan is not authorized to transfer the U.S. government.