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SOFA responsibilities on island

US Marine Corps News

7/8/2010
By Cpl. Shelby R. Shields, Marine Corps Bases Japan

CAMP FOSTER, OKINAWA, Japan -- All personnel who fall under the United States-Japan Status of Forces Agreement have certain rights, privileges and special protections, according to the United States Forces Japan Instruction 51-701. However, with these rights and privileges come responsibilities.

"We are not in America and cannot demand to be treated as though we are," said Capt. Christopher Blosser, the Foreign Criminal Jurisdiction Attorney with the Staff Judge Advocate's Office, Marine Corps Bases Japan. "We are guaranteed certain rights under the SOFA, but the laws and culture of Japan are different than in the United States. We must respect and submit to those legal and cultural differences."

USFJ military personnel, civilian employees and their respective family members are obligated to respect and obey all Japanese laws and abstain from any activity inconsistent with the spirit of the SOFA.

All SOFA members are required to have their Department of Defense identification cards with them at all times, and must present them to Japanese authorities when requested.

Especially when dealing with the local authorities, SOFA personnel must remember these responsibilities and behave accordingly. There are many instances where a SOFA status person may be required to stop for Japanese authorities.

Any personnel may be stopped or questioned if, based on unusual behaviors or other surrounding circumstances, there is reasonable grounds to suspect the person has committed or is about to commit a crime or is deemed to have information about a crime. A police officer may even ask a suspect to come to the police station if he deems that questioning at the scene will disadvantage the suspect or obstruct traffic.

"Japanese authorities are usually favorably influenced by a cooperative attitude," Blosser said.

If a person is uncooperative with the Japanese police, an arrest warrant may be sought using the refusal to cooperate as evidence of the necessity for the arrest warrant. A SOFA member may be held in Japanese jail for up to 23 days without being charged; this time may be extended if charged.

Although SOFA status personnel retain the right to remain silent when being questioned or detained, it is typically viewed as uncooperative and can be used against them during trial or as a basis for arrest.

"Our country's alliance with Japan is critical to stability in this region," Blosser stressed. "Misbehavior by our personnel causes negative consequences ranging from discrediting the Marine Corps or United States to strategically impacting our country's necessary alliance with Japan."

According to USFJ instruction 51-701, Japanese law is extremely complicated, and advice on dealing with it should be sought at the earliest possible time. For more information regarding Japanese law and the Status of Forces Agreement, contact the base Staff Judge Advocate's office at 645-7177.