{"id":353848,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/military\/criminal-law\/foreign-criminal-laws-and-military-personnel-stationed-abroad.html"},"modified":"2016-06-20T20:25:07","modified_gmt":"2016-06-21T01:25:07","slug":"foreign-criminal-laws-and-military-personnel-stationed-abroad","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/military\/criminal-law\/foreign-criminal-laws-and-military-personnel-stationed-abroad.html","title":{"rendered":"Foreign Criminal Laws and Military Personnel Stationed Abroad"},"content":{"rendered":"\n
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Foreign Criminal Laws and Military Personnel Stationed Abroad<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

While service members overseas will likely spend most of their time on military installations, depending on where they\u2019re located, they may also spend a significant amount of time off of their base or post. For example, those stationed in friendlier countries may take leave to travel around those countries.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Given its presence around the world, the U.S. military provides unique travel opportunities \u2013 from friendly countries like Germany or South Korea to less friendly countries where the U.S. may be engaged in combat operations. <\/p>\r\n

However, whenever service members serving abroad step off of a military installation, they enter territory subject to the jurisdiction of a foreign government. Their resulting interactions with foreign nationals or use of foreign property are thus governed by foreign law. What happens if service members are involved in a criminal incident in the territory of another country? Are they subject to prosecution under that nation\u2019s laws? Will they be granted adequate due process<\/a> rights guaranteed to them by the U.S. Constitution and by the Uniform Code of Military Justice (UCMJ)?<\/p>\r\n

This article explains the laws and jurisdictional issues that apply to service members stationed abroad, the legal protections they may have, and what they should do if they find themselves facing criminal charges in a foreign country.<\/p>\r\n

Military vs. Civilian Jurisdiction<\/h2>\r\n

Service members, regardless of where they\u2019re located, are always subject to the military’s jurisdiction under the UCMJ, which has its own set of criminal laws<\/a> enforced through the court-martial process<\/a>. This can sometimes conflict with civilian laws when a service member commits a crime off of a military installation where civilian authorities also have jurisdiction. So, for example, a service member who is arrested for a DUI<\/a> while off of a military installation in the U.S. would be subject to the criminal jurisdiction of both civilian and military authorities.<\/p>\r\n

Similarly, a service member who commits a crime in a foreign country would generally be subject to the jurisdiction of that country\u2019s legal system as well as the UCMJ, absent a formal agreement to the contrary. This can be tricky especially if that country\u2019s legal system lacks basic due process rights. Enter the Status of Forces Agreement (SOFA). Whenever the U.S. government is expecting to maintain military forces in a foreign country, it normally will attempt to enter into a SOFA with that country to address, among other things:<\/p>\r\n