In addition, the service member stated that the Constitution and the Single Code of Military Justice (UCMJ) 95 provide the only methods of examining soldiers abroad and that they cannot be amended by an executive agreement.96 The court held that the premise was true only if there was no violation of the laws of foreign jurisdiction. In the event of a violation of the criminal laws of the foreign jurisdiction, the main jurisdiction belongs to that country and the provisions of the UCMJ apply only if the foreign nation expressly or implicitly renounces its jurisdiction.97 In support of its decision, the court invoked the Wilson principle,98 that the primary right of jurisdiction belongs to the nation in the territory of which the service member commits the crime. In 1951, before Germany became a member of NATO, the United States and Germany reached an agreement67 on the assurances required by the Mutual Security Act of 1951.68 Germany joined NATO in 1955 and the same year concluded an agreement on mutual defence assistance69, which requires the United States to provide Germany with “such equipment, equipment, services or other assistance, as may be agreed.”70 The text of this agreement is subject to georgewbush-whitehouse.archives.gov/news/releases/2007/11/20071126-11.html (hereafter referred to as “Statement of Principle”). A historical perspective on U.S. operations in Iraq and issues related to Iraqi governance and security can be found in the report CRS RL31339, Iraq: Post-Saddam Governance and Security, by [author name scrubbed] and CRS Report RL33793, Iraq: Regional Outlook and U.S. Policy, coordinated by [author name scrubbed]. Existing treaties, a list of treaties and other international agreements of the United States in force. Established by the State Department to provide information on international treaties and other agreements to which the United States is a party and which have been in effect in State Department files since November 1, 2007. Available at www.state.gov/s/l/treaty/treaties/2007/index.htm. The security agreement is a legally binding agreement that expires within three years, unless it is denounced earlier by one of the parties.
The security agreement contains provisions that deal with a large number of military matters. As noted above, it sets a deadline for the withdrawal of all US forces from Iraq, until 31 December 2011. The agreement also contains many provisions similar to those regularly found in the SOFS concluded by the United States120.120 In particular, the agreement contains provisions relating to the right of the parties to assert civil and criminal liability of U.S. forces, as well as provisions setting rules and procedures applicable to U.S. forces with respect to the carrying of weapons, the wearing of uniforms, entry and exit to Iraq, taxation, customs and claims. An Agreement on the Status of the Armed Forces (SOFA) is an agreement between a host country and a foreign nation that deploys military forces in that country. CANPAÉs are often included with other types of military agreements as part of a comprehensive security agreement. A CANAPÉ is not a safety device; it establishes the rights and privileges of foreign staff in a host country in order to support the greater security regime.  Under international law, a force status agreement differs from military occupation.