Comparison and Analysis of Korea and Japan Status of Forces Agreements and Their Implications for Iraq's SOFA

Authors

• Jiyoung Cha, Benjamin N. Cardozo School of Law

Abstract

The note examines the tension between protecting U.S. military personnel's rights and respecting host nations' sovereignty through Status of Forces Agreements (SOFAs), focusing on cases from Korea, Japan, and Iraq. It argues that while SOFAs are designed to protect U.S. soldiers, they often infringe on host countries' sovereignty, leading to diplomatic tensions. The analysis highlights the imbalance in SOFAs, favoring the U.S. and undermining host nations' sovereignty, as perceived by citizens and governments. The author suggests that the U.S. needs to adjust its SOFA approach to avoid diplomatic tensions, recommending a more balanced jurisdictional framework.

Disciplines

Constitutional Law | Contracts | Jurisdiction | Law | Military, War, and Peace

Recommended Citation

Jiyoung Cha, Comparison and Analysis of Korea and Japan Status of Forces Agreements and Their Implications for Iraq's SOFA, 18 Cardozo J. Int'l & Comp. L. 487 (2010).
Available at: https://larc.cardozo.yu.edu/cjicl/vol18/iss2/6