ISAF has a status specific to the troop agreement with the Afghan government in the form of an annex to a military technical agreement entitled “Arrangements on the Status of the International Security Assistance Force.” The agreement provides that all ISAF members and support staff are subject to the exclusive jurisdiction of their respective national criminal or disciplinary elements and that such personnel are immune from arrest or detention by the Afghan authorities and cannot be handed over to an international tribunal or other body or another state without the explicit consent of the contributing country. In 2003, NATO took command of ISAF in Afghanistan. The language of the agreement signed Tuesday at the Pentagon by U.S. Defense Secretary Jim Mattis, Swedish Defense Minister Peter Hultqvist and Finnish Defense Minister Jussi Niinisto is non-binding and, contrary to consistent performance, involves major issues. 1968, Two years after the signing of sofa between the countries, a member of the US Army in Smallwood v. Clifford90 asserted that the US authorities did not have the legitimate authority to return him to the Republic of Korea in accordance with the jurisdictional rules of the agreement in order to bring him to justice in a Korean court for murder and arson.91 The service member stated that the agreement had not been authorized in a “constitutionally acceptable” manner. 92 He asserted that U.S. domestic law stated that international foreign jurisdictional agreements concerning U.S. forces deployed abroad were “either explicitly or tacitly approved by the [United States]. senate. 93 The Tribunal found that sofa had the effect of reducing the role of the Republic of Korea in enforcing its own legislation and that the United States had not waived jurisdiction for offences committed on its own territory.
Therefore, ratification by the Senate is “clearly unnecessary” because Senate approval “would not affect the allocation of powers by the Republic of Korea, which the United States cannot rightly claim.” 94 The Status of the Armed Forces (PfP) agreement is a multilateral agreement between NATO member states and PfP countries. It deals with the status of foreign forces while it exists on the territory of another state. 55 Stat. 1560; Executive Agreement Series 235 (the Agreement entitled “Leasing of Naval and Air Bases” stipulates that bases and facilities will be leased in the United States for a period of ninety-nine years, without fees and rents. A typical rental agreement involves an agreement of a landlord to transfer premises specially described for a specified period and in exchange for remuneration or rent in the sole possession of the taker.