Page:United States Statutes at Large Volume 58 Part 2.djvu/297

 58 STAT.] BELGIUM--CRIMINAL OFFENSES, JURISDICTION Mar. 31, May 27,1943 June 23, Aug. 4, 1943 If this interpretation meets with the approval of Your Excellency, the Belgian Government suggests that the two points indicated above be specified in the arrangement. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. R. v. STRATEN The Honorable The SECRETARY OF STATE Department of State Washington, D.C. The Secretary of State to the Belgian Ambassador DEPARTMENT OF STATE WASHINGTON June 3, 1943 EXCELLENCY: I have the honor to refer to your note no. 2689 of May 27, 1943 with further reference to jurisdiction of American Service courts over mem- bers of the armed forces of the United States in the Belgian Congo. The words "criminal offenses" in the proposed agreement were intended to include all such offenses committed in the Belgian Congo. Of course military courts of the United States cannot apply the law of the Belgian Congo as such. It is assumed however that offenses under that law would also be offenses under the law of the United States. In this connection it may be pointed out that courts-martial of the United States have jurisdiction over common law offenses as will be indicated by the following provisions of the Articles of War (Act of June 4, 1920, 41 Stat. 787): Article 92: "Any person subject to military law who commits murder or rape shall suffer death or imprisonment for life, as a court-martial may direct; but no person shall be tried by court-martial for mur- der or rape committed within the geographical limits of the States of the Union and the District of Columbia in time of peace." Article 93 states: "Any person subject to military law who commits manslaughter, mayhem, arson, burglary, housebreaking, robbery, larceny, embezzlement, perjury, forgery, sodomy, assault with intent to commit any felony, assault with intent to do bodily harm with a dangerous weapon, instrument, or other thing, or assault with intent to do bodily harm, shall be punished as a court-martial may direct." "Criminal of- fenses." Common law of- fenses. 41 Stat. 805. 10U.S.(. §15(4w. 41 Stat. 805. 10U.S .C. § 1565. 1217

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