VISITING FORCES AGREEMENT (VFA)
The United States has the deepest respect for the sovereignty of its ally, the Philippines. From the first reports of the alleged rape involving US Marines, U.S. and Philippine authorities have collaborated closely on their respective investigations of the incident. As the case now moves to trial, under Philippine jurisdiction, we will continue to work together under the framework of an important bilateral agreement between our two countries - the Visiting Forces Agreement.
The legal status and treatment of military service members deployed around the world is a complex matter. Like diplomats, deployed military personnel are representatives and employees of a foreign government, yet their legal status is not covered by the Vienna Conventions. Instead, they are the subject of Status of Forces Agreements (SOFAs), Visiting Forces Agreements (VFAs), and similar negotiated and binding bilateral agreements. These agreements differ from country to country, based on the interests and concerns of both signatories.
The U.S.-Philippines Visiting Forces Agreement is a mutually beneficial and useful framework that strengthens the foundation of military-to-military cooperation and the security relationship between our two countries. The VFA also clarifies the legal status of visiting U.S. military personnel, and provides a vehicle to address issues that may arise in connection with their temporary presence in the Philippines.
Since its signing in 1998, the U.S. and the Philippines have conducted dozens of joint military exercises, training tens of thousands of U.S. and Philippine soldiers. These exercises have brought significant humanitarian assistance and community service to the Philippines.
For example, during one recent joint military exercise - "Talon Vision/PHIBLEX" - around 5,000 U.S. and Philippine soldiers trained together to improve interoperability and readiness, building professional relationships among our military forces. During the exercise, U.S. and Philippine soldiers renovated schools and classrooms in the Tarlac area, donated computers and school supplies, and provided free medical and dental services to more than 2,000 Philippine citizens. The VFA also governs the status of U.S. troops participating in disaster relief activities, such as the soldiers, sailors, airmen, and Marines who helped ferry relief supplies to the stricken provinces of Quezon and Aurora in December 2004.
Regarding the current incident, the U.S. and the Philippines share the same goal - we want to see justice done. Rape is a terrible crime, and its perpetrators should be punished whenever and wherever they are found guilty in a fair and impartial trial. We should also remember that it is a core principle of Philippine and American law that anyone accused of a crime is presumed innocent until proven guilty. The U.S. will continue our cooperation with Philippine authorities as this case moves to trial under Philippine jurisdiction, in accordance with the Visiting Forces Agreement.
After full and careful consideration of the request of the government of the Philippines to take custody of the accused before the completion of judicial proceedings, as required by the VFA, the U.S. informed the Philippine government on January 16, that we would retain custody of the accused in this case. The VFA provides a mechanism for consultations on requests for custody on a case-by-case basis. The accused remain confined to quarters under custody of the U.S. to ensure that they are available for Philippine judicial proceedings.
We recognize that a case like this stirs strong emotional and political reactions. We believe that the judicial process should take its course in order for justice to be served. The VFA provides the framework for that process to move forward, in addition to providing the framework for strengthening military and security cooperation to the benefit of both our countries. (Press Release)
The United States has the deepest respect for the sovereignty of its ally, the Philippines. From the first reports of the alleged rape involving US Marines, U.S. and Philippine authorities have collaborated closely on their respective investigations of the incident. As the case now moves to trial, under Philippine jurisdiction, we will continue to work together under the framework of an important bilateral agreement between our two countries - the Visiting Forces Agreement.
The legal status and treatment of military service members deployed around the world is a complex matter. Like diplomats, deployed military personnel are representatives and employees of a foreign government, yet their legal status is not covered by the Vienna Conventions. Instead, they are the subject of Status of Forces Agreements (SOFAs), Visiting Forces Agreements (VFAs), and similar negotiated and binding bilateral agreements. These agreements differ from country to country, based on the interests and concerns of both signatories.
The U.S.-Philippines Visiting Forces Agreement is a mutually beneficial and useful framework that strengthens the foundation of military-to-military cooperation and the security relationship between our two countries. The VFA also clarifies the legal status of visiting U.S. military personnel, and provides a vehicle to address issues that may arise in connection with their temporary presence in the Philippines.
Since its signing in 1998, the U.S. and the Philippines have conducted dozens of joint military exercises, training tens of thousands of U.S. and Philippine soldiers. These exercises have brought significant humanitarian assistance and community service to the Philippines.
For example, during one recent joint military exercise - "Talon Vision/PHIBLEX" - around 5,000 U.S. and Philippine soldiers trained together to improve interoperability and readiness, building professional relationships among our military forces. During the exercise, U.S. and Philippine soldiers renovated schools and classrooms in the Tarlac area, donated computers and school supplies, and provided free medical and dental services to more than 2,000 Philippine citizens. The VFA also governs the status of U.S. troops participating in disaster relief activities, such as the soldiers, sailors, airmen, and Marines who helped ferry relief supplies to the stricken provinces of Quezon and Aurora in December 2004.
Regarding the current incident, the U.S. and the Philippines share the same goal - we want to see justice done. Rape is a terrible crime, and its perpetrators should be punished whenever and wherever they are found guilty in a fair and impartial trial. We should also remember that it is a core principle of Philippine and American law that anyone accused of a crime is presumed innocent until proven guilty. The U.S. will continue our cooperation with Philippine authorities as this case moves to trial under Philippine jurisdiction, in accordance with the Visiting Forces Agreement.
After full and careful consideration of the request of the government of the Philippines to take custody of the accused before the completion of judicial proceedings, as required by the VFA, the U.S. informed the Philippine government on January 16, that we would retain custody of the accused in this case. The VFA provides a mechanism for consultations on requests for custody on a case-by-case basis. The accused remain confined to quarters under custody of the U.S. to ensure that they are available for Philippine judicial proceedings.
We recognize that a case like this stirs strong emotional and political reactions. We believe that the judicial process should take its course in order for justice to be served. The VFA provides the framework for that process to move forward, in addition to providing the framework for strengthening military and security cooperation to the benefit of both our countries. (Press Release)
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