A Delicate Balance: The Japan-US Status of Forces Agreement Applying a Comparative Framework to Recommend Changes to Criminal Jurisdiction Provisions in the Japan-US Status of Forces Agreement to Better Protect the Interests of Japan and the United States

Authors

Keara Schmeiser

First Page

160

Abstract

The criminal jurisdiction provisions of the Japan-U.S. Status of Forces Agreement (“SOFA”), which governs the rights of US servicemembers deployed in Japan, must be amended. The recent Japanese criminal conviction of a U.S. naval officer focused U.S. lawmakers’ efforts on revising the Japan-U.S. SOFA. This led to a provision in the 2024 National Defense Authorization Act (“NDAA”), which requires the U.S. Secretary of Defense and Secretary of State to analyze the largest existing U.S. bilateral agreements and their treatment of U.S. servicemembers’ rights in foreign courts and, by the end of 2024, report their findings to congressional committees. This Note argues that changes to the Japan-U.S. SOFA must establish clear and transparent procedures, strengthen procedural protections to U.S. servicemembers in Japanese custody, and make concessions to Japan as an equal allied partner. Although this may be a challenging and formidable task, creating a more equitable and transparent Japan-U.S. SOFA will strengthen the Japan-U.S. alliance and the U.S.’s foreign policy focus in Asia.

Recommended Citation

Keara Schmeiser, A Delicate Balance: The Japan-US Status of Forces Agreement Applying a Comparative Framework to Recommend Changes to Criminal Jurisdiction Provisions in the Japan-US Status of Forces Agreement to Better Protect the Interests of Japan and the United States, 50 Brook. J. Int'l L. 160 (2024).
Available at: https://brooklynworks.brooklaw.edu/bjil/vol50/iss1/6