A CANAPÉ, as stipulated in Article VI of the Treaty, was concluded as a separate agreement and at the same time with the 1960 Treaty.84 SOFA deals with the use of facilities by US forces and the status of US forces in Japan. The agreement has been amended at least four times since the original agreement.85 The United States is a party to the Inter-American Mutual Assistance Treaty (Rio Treaty), 139, for which the U.S. Senate recommended its ratification on December 8, 1947. The United States then concluded military aid agreements with Guatemala, 140 Haiti,141 and Honduras.142 The agreements cite the commitments created by the Rio Treaty and address the status of U.S. personnel in each country. The United States has expanded the protection of the status, which is contained in the military aid agreements, by concluding sOFA with each country at a later date. In all three agreements, military assistance agreements were mentioned as the basis of the new agreement. 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 the Afghan authorities, and are immune from civil and administrative jurisdiction, except for acts committed outside its duties.47 In the agreement, the Interim Islamic 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 U.S. personnel to the custody of another state. , international tribunal or any other institution without the approval of the U.S.
government. Although the agreement was signed by ITGA, the government of the Islamic Republic of Afghanistan, subsequently elected, assumed responsibility for ITGA`s legal obligations and the agreement remains in force. The agreement does not appear to create immunity for contract staff. As we have already discussed, Congress has approved pacts that change the status of the Marshall Islands, Micronesia and Palau of the former territories and possessions in independent states (FAS) 143.143 The language of the pacts requires the conclusion of a SOFA between the parties concerned. In 2004, the Marshall Islands and Micronesias concluded sOFA with the United States.144 Palau concluded a SOFA with the United States in 1986: agreement on the protection of status and access and the use of facilities and territories in Bosnia and Herzegovina in 1995: agreement on the status of the United States.