Page:United States Statutes at Large Volume 58 Part 2.djvu/295

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Mar. 31, May 27, 1943 58 STAT.] BELGIUM-CRIMINAL OFFENSES, JURISDICTION-Mar- 3 , May 27 1943 June 23, Aug. 4, 1943 1215 March 31, May 27, Agreement between the United States of America and Belgium respecting June23, August 4,1943 jurisdiction over criminal offenses committed by the armed forces of [ .A. . 395] the United States in the Belgian Congo. Effected by exchanges of notes signed at Washington March 31, May 27, June 23, and August 4, 1943. The Secretary of State to the BelgianAmbassador DEPARTMENT OF STATE WASHINGTON March 31, 1943. EXCELLENCY: I have the honor to refer to the Department's note of March 12, 1943[1] concerning an agreement between the United States and Bel- gium relating to the jurisdiction of American Service courts over mem- bers of the armed forces of the United States in the Belgian Congo. It is the desire of the Government of the United States that the Service courts and authorities of its military and naval forces shall, during the continuance of the present conflict, exercise exclusive juris- diction over criminal offenses which may be committed in the Belgian Congo by members of such forces. If cases arise in which for special reasons the Service authorities of this Government may prefer not to exercise the above jurisdiction, it is proposed that in any such case a written statement to that effect shall be sent to the Belgian Government through diplomatic channels, in which event it would be open to the Belgian authorities to assume jurisdiction. Assurance is given that the Service courts and authorities of the United States forces in the Belgian Congo will be willing and able to try and on conviction to punish all criminal offenses which members of the United States forces may be alleged on sufficient evidence to have committed in the Belgian Congo, and that the United States au- thorities will be willing in principle to investigate and deal appro- priately with any alleged criminal offenses committed by such forces in the Belgian Congo which may be brought to their attention by the competent Belgian authorities or which the United States authorities may find have taken place. In so far as may be compatible with military security, the Service authorities of the United States will conduct the trial of any member of the United States forces for an offense against a member of the civilian population promptly in open court and within a reasonable distance from the place where the offense is alleged to have been committed so that witnesses may not be required to travel great distances to attend the trial. 1 [Not printed.] Jurisdiction of U. S. Service courts in Bel- gian Congo. Belgian jurisdiction in certain cases. Assurance of U. S . action in criminal of- tenses. Trial in open court, etc.