On Friday, the Norwegian parliament Stortinget voted to adopt a new defense agreement with the USA, as well as a law proposal as to how to conduct this. Both proposals were adopted against the votes of SV (Socialist Left) and Rødt (the Red Party).
The agreement has come following an American initiative, and the USA has argued that the adoption of the new agreement is an “indispensable precondition” for making new infrastructure investments in Norway.
According to the agreement, the USA will have unconditional right to access and use of four “agreed areas”. In Northern Norway, the two areas in question are Ramsund Naval Base and Evenes Air Base.
So-called “agreed areas” are basically limited places to be used jointly by the USA, Norway, and other allies for military purposes. In these areas, the USA can conduct training and exercise, deploy forces and store equipment, supplies, and other gear.
The agreement also opens up for providing the USA with exclusive access and right of use to parts of the areas following special agreements. In and immediately near these areas the USA will also have authority to exert authority over Norwegian citizens.
Another key point of the agreement is that the USA will have the first right to prosecute American troops who have committed legal offences outside duty.
The extended access to exert authority, and prosecution jurisdiction have been subject to critical reviews from the Judge Advocate General (JAG) as well as the Director of Public Prosecution (DPP). These are the top military and civilian prosecution authority in Norway, respectively.
Agreed areas
The concept of ‘agreed areas’ is an innovation compared to existing agreements, the Norwegian Ministry of Defense (MoD) writes in a hearing note.
The two existing agreements are the 1950 defense agreement with the USA as well as the 1951 SOFA Agreement of NATO. The latter regulates visiting forces’ legal status in host countries and last winter granted the USA the right to take over the investigation of an airplane crash accident in Beiarn, Northern Norway.
The MoD also points out that American use of the areas is to “take place with full respect of Norwegian sovereignty, Norwegian laws, and public international law commitments and based on consultation between the parties”.
“The duty to respect Norwegian law may in reality be hard to demand in practice if there were to be a dispute or doubts about its adherence”, JAG Sigrid Redse Johansen writes in her hearing note.