USAFE-AFAFRICAI51-705_IP — Exercise Of Jurisdiction By Germany Courts And Authorities Over U.s. Personnel

USAFE-AFAFRICAI51-705_IP governs U.S. personnel subject to German civil and criminal jurisdiction and related legal procedures.

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  • Publication number: USAFE-AFAFRICAI51-705_IP
  • Title: EXERCISE OF JURISDICTION BY GERMANY COURTS AND AUTHORITIES OVER U.S. PERSONNEL
  • Date: 2025-09-30

View USAFE-AFAFRICAI51-705_IP on armypubs.army.mil

The publication addresses criminal jurisdiction, custody in criminal cases, release of information, and Military Extraterritorial Jurisdiction Act prosecutions. It requires procedures for custody transfers, trial observer reports, and information handling.

Topics covered

  • German criminal jurisdiction
  • Custody transfers
  • Military Extraterritorial Jurisdiction Act prosecutions
  • Trial observer reports
  • Release of information
  • German confinement debriefing

Questions and answers

When can the USAREUR JA consider a custody-transfer request after an initial conviction?

The USAREUR JA will consider custody-transfer requests made on announcement of initial conviction only if all of the following conditions are met: 1. The judgment of the court includes an unsuspended sentence to confinement. 2. A valid German arrest warrant exists for the accused. 3. German authorities present the local LLA with a request for the immediate transfer of custody, which should provide a valid reason why USF should transfer custody before final sentencing. 4. The trial observer makes an initial determination that the accused received a fair trial. (paragraph 1)

What must happen before custody is transferred to German authorities?

No transfer will be made without USAREUR JA (AEJA-ILO-FL) approval. (paragraph 2)

What does the local LLA do when German courts sentence accused military personnel to unsuspended confinement?

When German courts convict accused military personnel and sentence them to unsuspended confinement, the local LLA will— (1) Coordinate transfer of custody of the accused for service of adjudged confinement. (2) Notify the USAREUR JA (AEJA-ILO-FL) before the transfer. (3) Obtain copies of U.S. military documents (for example, DA 4187) that change the individual’s duty status to “civil confinement.” (paragraph 3)

When must a physical examination occur before transfer to German custody?

The local LLA will coordinate with the accused’s unit or the military confinement facility, as appropriate, to ensure a physical examination, as required by AR 27-50/ SECNAVINST 5820.4G/AFJI 51-706, paragraph 3-4a, is conducted during the 48-hour period before nontemporary transfer of the accused to German custody. (paragraph 3)

Can USF personnel provide information to the news media about cases pending trial in German courts?

USF personnel will not provide information to the news media concerning cases pending trial in German courts or concerning U.S. military personnel, U.S. civilian personnel, or their Family members who are in German confinement without USAREUR JA (AEJA-ILO-FL) and OCPA approval. (paragraph 9)

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