MILITARY PENAL JURISDICTION Exchange of notes at Washington July 5 and September 6, 1918 Modified by exchanges of notes of September 2, October 20 and 25, Terminated by mutual agreement in 1933 1918 For. Rel. (supp. 2) 747, 751 No. 81 The Secretary of State to the Belgian Minister WASHINGTON, July 5, 1918 SIR: Referring to your note of May 6, 1918, in which you communicate to me the desire of your Government to effect an arrangement between the United States and Belgium on the subject of penal jurisdiction over the military and naval forces of each country within the jurisdiction of the other, I have the honor to inform you that I am authorized by the President as Commander in Chief of the armed forces of the United States, to propose to you an arrangement by an exchange of notes as follows: The Government of the United States of America and the Government of His Majesty the King of the Belgians recognize during the present war the exclusive jurisdiction of the tribunals of their respective land and sea forces with regard to persons subject to the jurisdiction of those forces whatever be the territory in which they operate or the nationality of the accused. In the case of offences committed jointly or in complicity with persons subject to the jurisdiction of the said military forces, the principals and accessories who are amenable to the American land and sea forces shall be handed over for trial to the American military or naval justice, and the principals and accessories who are amenable to the Belgian land and sea forces shall be handed over for trial to the Belgian military or naval justice. The Government of the United States of America and the Government of His Majesty the King of the Belgians further recognize during the present war the exclusive jurisdiction within American territory of American justice over persons not belonging to the Belgian land and sea forces who may commit acts prejudicial to the said military forces and the exclusive jurisdiction, 1 Post, p. 519. within Belgian territory, of Belgian justice over persons not belonging to American land and sea forces who may commit acts prejudicial to the said military forces. The word "persons" as used in the first paragraph of this agreement designates, together with the persons enrolled in the Army, Navy and Marine Corps, any other person who under the American or Belgian law is subject to military or naval jurisdiction, especially members of the Red Cross regularly accepted by the Government of the United States of America or the Government of His Majesty the King of the Belgians in so far as the American or Belgian law and the customs of war place them under military or naval jurisdiction. Should this arrangement be acceptable to the Government of His Majesty the King of the Belgians your formal notification in writing to that effect will be understood on the part of the Government of the United States of America as completing the arrangement and putting it into force and effect, and I shall be glad to receive your assurance that it will be so understood also on the part of the Government of His Majesty the King of the Belgians. Accept [etc.] ROBERT LANSING The Belgian Minister to the Secretary of State [TRANSLATION] WASHINGTON, September 6, 1918 MR. SECRETARY OF STATE: By note of July 5 last Your Excellency was pleased to inform me that the President of the United States, in his capacity as Commander in Chief of the armed forces of that country, had authorized Your Excellency to propose to me a settlement, by an exchange of notes, of the question of penal military jurisdiction over the Belgian and American Armies jointly participating in the present war. Your Excellency was pleased to reproduce in that note the terms of the contemplated arrangement, the French text of which is as follows: [For terms of arrangement, see U.S. note, above.] Duly authorized thereto by my Government, I have the honor to inform Your Excellency that the terms of the aforesaid note are accepted by it and that the provisions therein contained are in consequence executory from this moment. My Government proposes immediately to publish, to that end, the notes thus exchanged, in the Moniteur Belge. I avail myself [etc.] E. DE CARTIER MILITARY PENAL JURISDICTION Exchanges of notes at Washington September 2, October 20 and 25, and November 10, 1919, modifying agreement of July 5 and September 6, 1918 Entered into force October 20, 1919 Terminated by mutual agreement in 1933 1918 For. Rel. (supp. 2) 757 The Secretary of State to the Belgian Chargé d'Affaires WASHINGTON, September 2, 1919 SIR: I have the honor to refer to the arrangement relative to military penal jurisdiction as set forth by my note to your Legation dated July 5, 1918, and your Legation's reply note dated September 6, 1918,1 and to point out that, in accordance with its terms, it will continue only for the duration of the present war. In view of the fact that the war may be considered terminated in the near future, and that it may be desirable to continue the arrangement in force for a further period during the demobilization of the military forces, I have the honor to propose that this arrangement, after the conclusion of peace, continue to be recognized in full force and effect until 30 days after notice of its termination shall have been given by either Government. Should this modification in regard to the termination of the aforesaid arrangement be acceptable to your Government, formal notification in writting to that effect will be understood, on the part of the Government of the United States, as giving validity to the proposed modification, and I shall be glad to receive your assurance that it will be so understood also on the part of your Government. Accept [etc.] ROBERT LANSING The Belgian Chargé d'Affaires to the Secretary of State WASHINGTON, October 25, 1919 SIR: In reply to your note of October 15, 1919 (811.203/49), I have the honor to advise you that the Belgian Government is disposed to continue the arrangement relative to military penal jurisdiction, as suggested in your notes of August 13 and September 2, 1919. My Government has instructed me to inform them by cable when the Government of the United States will issue a declaration on the subject and I would appreciate it very much if you would be so kind as to enable me to comply with this request by advising me on what date such declaration will have been made. Please accept [etc.] C. SYMON The Acting Secretary of State to the Appointed Belgian Ambassador WASHINGTON, October 25, 1919. EXCELLENCY: I have the honor to acknowledge the receipt of your note of October 20, 1919, in which you were so kind as to advise me of the acceptance by the Belgian Government of the modification suggested in my note of September 2, 1919, in regard to the existing arrangement relative to military penal jurisdiction. In reply to the inquiry as to when notice of this modification will be given, I have the honor to inform you that I shall forthwith advise the appropriate branches of this Government in regard to this modification. I shall appreciate it very much if you will be so kind as to inform me the date on which the appropriate declaration will be made on the part of your Government, and if you will also be so kind as to confirm my understanding that the aforesaid arrangement has not been terminated by the ratification on the part of your Government of the treaty of peace with Germany or otherwise, and that said modification may be considered as taking effect on October 20, 1919, the date of your note under acknowledgment. Accept [etc.] WILLIAM PHILLIPS The Appointed Belgian Ambassador to the Secretary of State WASHINGTON, November 10, 1919 SIR: I have brought to the knowledge of my Government the wish expressed in your letter of October 25, 1919 (811.203/60), concerning the acceptance by the Belgian Government of the modification suggested in your note of September 2, 1919, in regard to the existing arrangement relative to military penal jurisdiction. I have now the honor to advise you that my Government has informed me that the notice, that the existing arrangement relative to military penal jurisdiction will continue to be in force, was published in the Moniteur Belge of November 8, 1919; besides my Government agrees that the said modification will be considered as taking effect on October 20, 1919. Please accept [etc.] E. DE CARTIER WAR GRAVES Agreement drawn up at Brussels February 13, 1922, and signed at Paris February 15, 1922 Entered into force February 15, 1922 Replaced January 31, 1960, by agreement of November 27, 1959 1 1 Department of State files Agreement CONCERNING Sepultures oF AMERICAN SOLDIERS IN BELGIUM Art. 1. The American Authorities will inform the Belgian Authorities of the grounds which they may desire to reserve for the soldiers of their Army killed during the war and inhumed in Belgium. Art. 2. Inquiries will be conducted previous to these reservations by the Belgian Authorities as per usual procedure. Art. 3. The Belgian Government will acquire the grounds which have been recognised, after inquiry, suitable for the purpose contemplated. The grounds will include the space which may be necessary for roads of access. Acquisitions will be made in the name and at the expense of the Belgian Government, in conformity with the Belgian Laws. Art. 4. The Belgian Government will transfer to the United States Gov ernment, for use only, the grounds thus acquired in conformity with the above stipulations. The American Government will bear all expenses in connection with the laying out and upkeep of the grounds as well as the building of roads which it may eventually be found necessary to establish for access to public ways. In mixed cemeteries these expenses will be shared by the Governments concerned in proportion with the number of soldiers of each nationality buried therein. Art. 5. The Belgian Government will bear the expense of the perpetual grant of the American Graves in communal cemeteries whenever the transfer of the bodies to special places of sepulture is not deemed necessary. Art. 6. Military Graves outside communal cemeteries are under the authority, police and direction of the Belgian Government. 1 10 UST 2124; TIAS 4383. |