the jurisdiction of American Service courts over members of the armed forces of the United States in the Belgian Congo. The Belgian Government assumes that in this arrangement the words "criminal offenses" include all criminal offenses within the law of the Belgian Congo. My Government also assumes that this arrangement provides only for the punishment of criminal offenses and that all actions (actions civiles) involving the collection of damages for injury which may be caused by such offenses will remain within the province of the courts of the Belgian Congo. If this interpretation meets with the approval of Your Excellency, the Belgian Government suggests that the two points indicated above be specified in the arrangement. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. I have the honor to refer to your note no. 2689 of May 27, 1943 with further reference to jurisdiction of American Service courts over members of the armed forces of the United States in the Belgian Congo. The words "criminal offenses" in the proposed agreement were intended to include all such offenses committed in the Belgian Congo. Of course military courts of the United States cannot apply the law of the Belgian Congo as such. It is assumed however that offenses under that law would also be offenses under the law of the United States. In this connection it may be pointed out that courts-martial of the United States have jurisdiction over common law offenses as will be indicated by the following provisions of the Articles of War (Act of June 4, 1920, 41 Stat. 787): Article 92: "Any person subject to military law who commits murder or rape shall suffer death or imprisonment for life, as a court-martial may direct; but no person shall be tried by court-martial for murder or rape committed within the geographical limits of the States of the Union and the District of Columbia in time of peace." Article 93 states: "Any person subject to military law who commits manslaughter, mayhem, arson, burglary, housebreaking, robbery, larceny, embezzlement, perjury, forgery, sodomy, assault with intent to commit any felony, assault with intent to do bodily harm with a dangerous weapon, instrument, or other thing, or assault with intent to do bodily harm, shall be punished as a court-martial may direct." Article 96 provides: "Though not mentioned in these articles, all disorders and neglects to the prejudice of good order and military discipline, all conduct of a nature to bring discredit upon the military service, and all crimes or offenses not capital, of which persons subject to military law may be guilty, shall be taken cognizance of by a general or special or summary court-martial, according to the nature and degree of the offense, and punished at the discretion of such court." Offenses against local laws not specifically mentioned in Articles 92 and 93 of the Articles of War may be adequately punished under Article 96 as offenses of a nature to bring discredit upon the military service. It is believed that this matter is adequately covered by the fourth paragraph of my note of March 31, 1943 which gives assurance that the service courts and authorities of the United States will be willing and able to try and punish all criminal offenses which members of such forces may commit in the Belgian Congo. The Belgian Government is correct in its assumption that the proposed arrangement is intended to cover only offenses of a criminal nature. Should experience indicate the necessity of special arrangements concerning civil cases the matter will then be taken up with you. However, in connection with actions for damages on account of injuries to persons or property by members of the armed forces of the United States in the Belgian Congo it may be stated that the military authorities of the United States are empowered to set up military claims commissions to consider such cases in foreign countries. Claims in amounts up to $5,000 may be adjudicated and paid by the military authorities. Claims in excess of that amount may be recommended to Congress for payment by the Secretaries of War or Navy. Should the necessity be apparent such commission, will, no doubt, be provided for in the Belgian Congo. Accept, Excellency, the renewed assurances of my highest consideration. For the Secretary of State: His Excellency Count ROBERT VAN DER STRATEN-PONTHOZ Belgian Ambassador BRECKINRIDGE LONG The Belgian Ambassador to the Secretary of State AMBASSADE DE BELGIQUE D. 6801 B SIR, WASHINGTON, August 4th, 1943 I have the honor to refer to Your Excellency's notes of March 31st. and June 23rd. in the matter of the proposed arrangement between the United States and Belgium relating to jurisdiction of American Service Courts over members of the armed forces of the United States in the Belgian Congo. I have been instructed to inform Your Excellency that the Belgian Government accepts the provisions of the proposed arrangement such as were outlined in the abovementioned notes. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. R. v. STRATEN The Honorable THE SECRETARY OF STATE Department of State Washington, D.C. CIVIL AFFAIRS: ADMINISTRATION AND JURISDICTION Agreement signed at London May 16, 1944 2 Department of State files MEMORANDUM of AgreeMENT BETWEEN THE UNITED STATES OF AMERICA AND BELGIUM RESPECTING THE ARRANGEMENTS FOR CIVIL ADMINISTRATION AND JURISDICTION IN BELGIAN TERRITORY Liberated by an ALLIED EXPEDITIONARY FORCE The discussions which have taken place between the representatives of the United States of America and Belgium concerning the arrangements to be made for civil administration and jurisdiction in Belgian territory liberated by an Allied Expeditionary Force under an Allied Commander in Chief have led to agreement upon the following broad conclusions. The agreed arrangements set out below are intended to be essentially temporary and practical and are designed to facilitate as far as possible the task of the Commander in Chief and to further our common purpose, namely, the speedy expulsion of the Germans from Belgium and the final victory of the Allies over Germany. 1. In areas affected by military operations it is necessary to contemplate a first or military phase during which the Commander in Chief of the Expeditionary Force on land must de facto exercise supreme responsibility and authority to the full extent necessitated by the military situation. 2. As soon as, and to such extent as, in the opinion of the Commander in Chief the military situation permits the resumption by the Belgian Government of responsibility for the civil administration, he will notify the appropriate representative of the Belgian Government accordingly. The Belgian Government will thereupon, and to that extent, resume such exercise of responsibility, subject to such special arrangements as may be required in areas of vital importance to the Allied forces, such as ports, lines of communication and airfields, and without prejudice to the enjoyment by the 1 Post, p. 615. * Post, p. 661. Allied forces of such other facilities as may be necessary for the prosecution of the war to its final conclusion. 3. a. During the first phase the Commander in Chief will make the fullest possible use of the advice and assistance which will be tendered to him through Belgian liaison officers, attached to his staff for civil affairs and included in the personnel of a Belgian Military Mission to be appointed by the Belgian Government. He will also make the fullest possible use of loyal Belgian local authorities. b. The Belgian liaison officers referred to in subparagraph a above will, so far as possible, be employed as intermediaries between the Allied Military authorities and the Belgian local authorities. 4. During the first phase the Belgian Government will promulgate or pass such legislation as in their opinion may be required after consultation with the Commander in Chief. 5. a. In order to facilitate the administration of the territory during the first phase the Belgian Government will reorganize or reestablish the Belgian administrative and judicial services, through whose cooperation the Commander in Chief can discharge his supreme responsibility. For this purpose the instructions of the Belgian Government will be communicated through the appropriate members of the Belgian Military Mission referred to in subparagraph 3 a above or the Auditeur Général, Haut Commissaire a la Sécurité de l'État, as the case may be. However, the appropriate members of the Belgian Military Mission are authorized to act on the spot in the event the normal procedure, as prescribed in the preceding sentence, is impracticable or impossible. b. The appointment of the Belgian administrative and judicial services will be effected by the competent Belgian authorities in accordance with Belgian law. If during the first phase conditions should necessitate appointments in the Belgian administrative or judicial services, such appointments will be made after consultation with the Commander in Chief, who may request the Belgian authorities to make appointments when he considers it necessary. 6. a. Members of the Belgian armed forces serving in Belgian units with the Allied Expeditionary Force in Belgian territory will come under the exclusive jurisdiction of Belgian courts. Other Belgians who, at the time of entering Belgium as members of the Allied Expeditionary Force, are serving in conditions which render them subject to Allied naval, military or air force law, will not be regarded as members of the Belgian armed forces for this purpose. b. Persons who are subject to the exclusive jurisdiction of the Belgian authorities in the absence of Belgian authorities may be arrested by the Allied Military Police and detained by them until they can be handed over to competent Belgian authorities. |