Under what conditions can U.S. military members be tried under Japanese law?

U.S. military members stationed in Japan can be tried under Japanese law for offenses committed outside the scope of their duties. This condition is outlined in the Okinawa SOFA, which establishes that Japanese authorities retain jurisdiction in cases where a military member commits a crime that is not related to their official military duties. This means that if a service member engages in unlawful behavior, such as a public offense outside of their assigned tasks, Japanese legal authorities can prosecute.

The rationale here is rooted in the principle of local sovereignty, allowing Japan to maintain law and order and hold individuals accountable for actions taken within its jurisdiction, even if those individuals are part of a foreign military. Therefore, if a service member were to act inappropriately while off duty, they could face trial in the Japanese judicial system.

Understanding this aspect of the SOFA is crucial for military personnel and their families, as it emphasizes the importance of adhering to local laws regardless of their military status.