Abstract
The purpose of this chapter is to consider what redress a United States serviceman may have under international law and United States domestic law if he is denied a “fair trial” safeguard by a NATO country. Its theme is best illustrated by considering the hypothetical case of a United States serviceman who is tried by the courts of a NATO country and during the trial is denied summarily the right to have compulsory process to obtain witnesses in his favor as provided by paragraph 9(d) of Article VII of the NATO SOF Agreement. The serviceman is convicted and sentenced to a fine. Under international law1 what action may be taken by the serviceman or the United States because of denial of this safeguard by the host state?
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© 1963 Springer Science+Business Media Dordrecht
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Ellert, R.B. (1963). Denial of ‘Fair Trial’ Safeguards and United States Forces. In: NATO ‘Fair Trial’ Safeguards: Precursor to an International Bill of Procedural Rights. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-6079-9_4
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DOI: https://doi.org/10.1007/978-94-017-6079-9_4
Publisher Name: Springer, Dordrecht
Print ISBN: 978-94-017-5726-3
Online ISBN: 978-94-017-6079-9
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