In addition, the MP asserted that the Constitution and the Uniform Code of Military Justice (UCMJ) 95 provide only for the methods of trying soldiers abroad and that they cannot be modified by an executive agreement.96 The court held that the premise was true only in the absence of a violation of the laws of the foreign jurisdiction. In the event of a violation of the criminal laws of the foreign jurisdiction, the principal jurisdiction rests with that nation and the provisions of the UCMJ apply only if the foreign nation has explicitly or implicitly waived its jurisdiction.97 In support of its decision, the Tribunal cited the principle which, in Wilson,98, affirmed that the primary right to jurisdiction belongs to the nation, In who whon`s territory the auditor commits the crime. There is an agreement on the status of military and civilian personnel of the United States. The Department of Defense, which is present in Afghanistan as part of cooperative efforts in counter-terrorism, humanitarian assistance and civil society, military training and exercises, and other activities.45 These personnel should be granted “equivalent status to administrative and technical personnel” at the U.S. Embassy under the Vienna Convention on Diplomatic Relations of 196146. 47 In that agreement, the Islamic Interim Government (ITGA) expressly authorized the United States Government to exercise criminal justice through United States personnel and the Afghan Government has no right to entrust American personnel to another State. International tribunal or any other body without the consent of the U.S. government. Although the agreement was signed by the ITGA, the Government of the Islamic Republic of Afghanistan, which was subsequently elected, assumed responsibility for the ITGA`s legal obligations and the agreement remains in force. The agreement does not appear to grant immunity to certified persons.

1956: Agreement on the Status of U.S. Armed Forces in Force in Greece, A List of Treaties and Other International Agreements of the United States in Force. Prepared by the Department of State for the purpose of providing information on contracts and other international agreements to which the United States is affiliated and which are in effect in the Department of State records as of November 1, 2007. Available at www.state.gov/s/l/treaty/treaties/2007/index.htm. T.I.A.S., Agreement on Exchange and Military Visits between the Government of the United States of America and the Government of Mongolia, Agreement of 26 June 1996. . . .