What is SOFA?
Status of Forces Agreement (SOFA) is an agreement between a host country and a foreign nation stationing military forces in that country. In Lt. Alkonis’ case, we are looking at the SOFA between Japan and the United States.
A SOFA is intended to clarify the terms under which the U.S. military is allowed to operate. It is also intended to provide clarification on which nation retains jurisdiction over certain crimes and civil cases involving service members.
US - JAPAN SOFA LIMITATIONS
Many issues with SOFA stem from an inability to agree on definitions of specific words or phrases.
In Lt. Alkonis’ case, a disagreement with the definition of “immediate” and “adequate cause and necessity” led to his confinement.
US-SOFA Agreed View 9(a) states: Immediate determination shall be made as to whether there is adequate cause and necessity to detain.
SOFA VIOLATIONS IN THIS CASE
Lt. Alkonis was arrested at the scene of the accident, taken from his family and detained with no access to counsel and uninformed of any charges against him.
SOFA VIOLATIONS IN THIS CASE
There are only two reasons for continued confinement in Japanese law: 1 - destruction of evidence and 2- flight risk.
The judge granted the approval for continued confinement, DESPITE THE FACT NEITHER OF THESE REASONS APPLIED.
Lt. Alkonis’ continued confinement was in violation of SOFA.
Japanese officials did not make the determination to keep Lt. Alkonis in custody immediately. A judge made the determination TWO DAYS after his arrest.
The delayed determination of Lt. Alkonis’ continued confinement is in violation of SOFA.
THE US - JAPAN SOFA MUST CHANGE
Japan’s interpretation of agreements that apply to the U.S. military has been shown to be one of flexible compliance where domestic political considerations very often trump all others.
The US-Japan SOFA is in need of a deep congressional review. What is happening to Lt. Alkonis is not acceptable.