Law Jurisdiction Over American Troops

Northern Advocate, 10 April 1943, Page 4

Law Jurisdiction Over American Troops

(P.A.) WELLINGTON, Friday. In a statement today the Prime Minister (Mr Fraser) said that the United States Forces Emergency Regulations grant to the American authorities exclusive jurisdiction in respect of criminal offences committed or alleged to have been committed by members of the United States Armed Forces. “The terms of the regulations have been under discussion for some iime with the United States authorities and, I must express my thanks for the help they have given. The Governments of New Zealand and United States agreed that exercise of this exclusive jurisdiction in criminal matters by United States Forces will be on the following bases:

(a) That United States service authorities and the courts concerned be able and willing to try and, on conviction, to punish all criminal offences which members of the United States Forces may be alleged, on sufficient evidence, to have committed in the Dominion of New Zealand, Cook Islands or Western Samoa and that the United States authorities are agreeable, in principle, to investigate and deal appropriately with any alleged criminal offences committed by members of the United States Forces in the Dominion of New Zealand, Cook Islands or Western Samoa, which may be brought to their notice by competent New Zealand authorities or which American authorities may find to have taken place. Where Civilians Involved

“(b) That the trial of any member of the United States Forces for an offence against a member of the civilian population will be in open court except where security conditions forbid and will be arranged to take place promptly within a reasonable distance from the spot where the offence is alleged to have been committed so that witnesses shall not be required to travel great distances to attend a hearing.

“(c) That satisfactory machinery, bo devised between the competent American and New Zealand authorities for such mutual assistance as may be required in making investigations and collecting evidence in respect to offences which members of the United States Forces are alleged to have committed or in which they are alleged to be concerned and that, in particular, as a general rule preliminary action should be taken by the New Zealand authorities on behalf of the American authorities where witnesses or other persons from whom it is desired to take statements are not members of the United States Forces; and that the assistance of American authoritieis be given in connection with the prosecution before the New Zealand courts of permanent members of the United States Forces, where evidence of any member of these forces is required or where the assistance of American authorities in investigation of the case (including taking statements from American Forces) may be needed.”

That fhe foregoing arrangements shall operate during the conduct of a conflict against our common enemies and until six months or such other period as may be mutually agreed upon after the final termination of such conflict. and restoration of peace. Reciprocal Rights for N.Z.

“It has also been agreed,” said Mr. Fraser, "that if the occasion should arise, the Government of the United States would endeavour to accord reciprocal rights to the New Zealand forces in territory under United States jurisdiction.” There is a useful provision in the regulations under which American authorities may hand back in particular cases a jurisdiction that they may find it inconvenient to exercise. This is to meet, for example, cases where witnesses are some distance from the place where the trial would otherwise be held by American, authorities and it would be more convenient for all concerned if the accused was tried by New Zealand court nearer the place of residence of witnesses. From Common Source "For centuries,” said Mr. Fraser, “it has been an established principle of British law that all criminal offences .committed within our jurisdiction, shall be dealt with in the King’s Courts, no matter what the condition or nationality of the accused. But we are following the example of Britain in making these regulations and we are convinced that that concession which we have given our American Allies is most expedient in the circumstances and will assist them by ensuring concentration of their authority over thenown men. "In any case, the law, which will be administered by the American service courts, which is the Federal Law of fhe United States, is drawn from the same source as New Zealand law—the common law of England, and changes which have been made by statute in the course of years have not caused it to diverge to any material degree in criminal matters. The two countries do not differ in their views on serious crime and in both countries, offences are punished with approximately equal severity.”