Brief Fact Summary. A Specialist Third Class in the United States Army named Girad (D), wounded a Japanese woman during a military exercise in Japan. Japan indicted Girad (D) for causing death by wounding, but Girad (D) was granted an injunction against his delivery to the Japanese authorities.
Synopsis of Rule of Law. A sovereign nation has exclusive jurisdiction to punish offenses against its law committed within its borders, unless it expressly or impliedly consents to surrender its jurisdiction.
A sovereign nation has exclusive jurisdiction to punish offenses against its laws committed within its borders, unless it expressly or impliedly consents to surrender its jurisdiction.
View Full Point of LawIssue. Does a sovereign nation has exclusive jurisdiction to punish offenses against its law committed within its borders, unless it expressly or impliedly consents to surrender its jurisdiction?
Held. (Per curiam). Yes. A sovereign nation has exclusive jurisdiction to punish offenses against its law committed within its borders, unless it expressly or impliedly consents to surrender its jurisdiction. Japan’s cession to the United States of jurisdiction to try American military personnel for conduct constituting an offense against the laws of both countries was conditioned by the protocol agreement, which provided that “the authorities of the state having the primary right shall give sympathetic consideration to a request from the authorities of the other state for a waiver of its right in cases where that other state considers such a waiver to be of particular importance.†The wisdom of the arrangement is exclusively for the determination of the executive and legislative branches in the absence of such statutory or constitutional barriers. These branches have decided to waive jurisdiction and deliver Girad (D to the Japanese authorities. The judgment is therefore reversed.
Discussion. The trend towards granting limited immunities in cases relating to official acts and archives appears to be on the rise. The agreements between the U.S. and Japan are good examples of the willingness of one nation to grant a special position to foreign government employees.