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Insights from the Field

When American Troops Were Tried in Foreign Courts During the Cold War


extraterritorial jurisdiction
Cold War
military presence
bilateral agreements
International Relations
JOP
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Dataverse
Facing U.S. Extraterritorial Pressure: American Troops in Foreign Courts During the Cold War was authored by Asif Efrat. It was published by Chicago in JOP in 2022.

During the Cold War, U.S. military personnel faced a unique challenge: being tried abroad despite strict adherence to sovereignty principles.

Legal Framework and Historical Context

This study examines how American troops were legally accommodated in foreign courts during this period—a practice previously unexplained by existing scholarship.

Data & Methods

Drawing on newly opened archives from U.S. diplomatic missions, military records, and bilateral agreements dating back to the 1950s through the early 1990s, the analysis employs qualitative legal case studies combined with comparative historical research designed to uncover patterns across different regions.

Key Findings & Implications

Contrary to conventional understanding that U.S. troops would never face foreign jurisdiction, evidence reveals specific situations where host countries established ad hoc courts under formal agreements with Washington policymakers.

* This occurred primarily in European nations during the height of Cold War tensions.

* These arrangements were often tied to intelligence operations or perceived national security threats by the host country.

Why It Matters

This research demonstrates how legal principles regarding sovereignty were pragmatically adapted under specific geopolitical conditions, revealing important insights about U.S. military strategy and international relations during a critical period in history.

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