On Immunity from Criminal Jurisdiction for the Overseas Military in Host States
The criminal jurisdiction between the sending states and the receiving states is usually allocated through the Status of Forces agreement.However,it cannot be ignored that there is criminal immunity of the overseas military garrisons in the courts of the receiving state under general international law.In the historical period leading up to the end of World War Ⅱ,receiving states widely advocated the"law of flag",whereby overseas military garrisons enjoyed absolute criminal immunity in the courts of the receiving states.However,the criminal immunity of overseas garrisons is gradually inclined to"official immunity"and has formed customary international law.The nature of such criminal immunity is that state officials are subject to criminal Immunity Ratione Materiae in foreign courts.The subjects of rights include forces,civilian components and some contractors,and the act requirement is"act performed in an official capacity"by overseas military garrisons.
overseas military garrisonsimmunity from criminal jurisdictionstate officialsimmunity Ratione Materiaeact performed in an official capacity
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