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Governing law on US Bases located overseas?

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payn0094

Junior Member
When on a US Base located abroad (say Ramstein Air Base), what law governs? Is it US Law or Germany's law?


Is there a legal difference between being onbase versus offbase? Does this answer change depending on whether the person is US military vs US civilian vs German civilian?


For a hypothetical, say German law banned smoking (in all places, even outside). If a person at Ramstein Air Base was seen smoking by German police, could that person be arrested? or would smoking be ok per US law?

Or another hypo: genetically modified foods. If Germany were to ban genetically modified foods, would US military bases still be allowed to bring in or sell genetically modified foods on base?

The NATO status of forces agreement re: jurisdiction . . . do those apply ONbase or only while off the base?

thanks in advance.
 


payn0094

Junior Member
As a follow up: from what I can tell, U.S. military bases abroad are treated in a similar fashion as embassies, i.e., "the laws of the host nation in which an embassy is located do not typically apply to the land of the embassy or base itself."

Can anyone confirm this? Is this true?
 

Silverplum

Senior Member
The reason you've had views but no answers is that we don't *do* hypotheticals.

You're welcome to read the forums, however, and possibly search out an answer. :)

When on a US Base located abroad (say Ramstein Air Base), what law governs? Is it US Law or Germany's law?


Is there a legal difference between being onbase versus offbase? Does this answer change depending on whether the person is US military vs US civilian vs German civilian?


For a hypothetical, say German law banned smoking (in all places, even outside). If a person at Ramstein Air Base was seen smoking by German police, could that person be arrested? or would smoking be ok per US law?

Or another hypo: genetically modified foods. If Germany were to ban genetically modified foods, would US military bases still be allowed to bring in or sell genetically modified foods on base?

The NATO status of forces agreement re: jurisdiction . . . do those apply ONbase or only while off the base?

thanks in advance.
 

payn0094

Junior Member
The reason you've had views but no answers is that we don't *do* hypotheticals.

You're welcome to read the forums, however, and possibly search out an answer. :)

I was just using the hypotheticals as an illustration. I wanted to make sure my question was understood.
 

aldaron

Member
USA has negotiated treaties with every country where we have military bases as to how our troops will be treated legally in that country. Japan has been giving us fits over our militarys behavior off base on okinawa.
 

payn0094

Junior Member
We don't *do* homework, either.

;)

I don't understand the condescension. I'm just asking a question that is germane to what I am working on at the moment. I'm having difficulty finding a straight answer online so I came here for "free advice."


For what it's worth, after even more research it seems that the SOFA is king re: military bases. So, US military bases in foreign countries are not like embassies.
 

payn0094

Junior Member
USA has negotiated treaties with every country where we have military bases as to how our troops will be treated legally in that country. Japan has been giving us fits over our militarys behavior off base on okinawa.

Yeah, that is what my research has indicated. There is some stuff on wikipedia that says US bases are like embassies, but after a lot of additional research that seems to be factually wrong. It all depends on what the SOFA says. Thanks for your help. I looked at some articles on the Okinawa dispute you mentioned.
 

Silverplum

Senior Member
I don't understand the condescension. I'm just asking a question that is germane to what I am working on at the moment. I'm having difficulty finding a straight answer online so I came here for "free advice."
And what ARE you working on at the moment?
 

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