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Japan
This Week in AsiaPolitics

Japan on brink of granting Australian troops immunity from death penalty

  • Decision would remove sticking point in talks for a defence cooperation deal, but be controversial given resentment over a similar agreement for US troops
  • Tokyo’s Status of Forces Agreement with the American military is a source of tension as many see it as giving too much leeway to troops accused of serious crimes including rape

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Japan is negotiating an agreement that will cover the jurisdiction of Australian troops in its territory. Photo: AP
Julian Ryall
Tokyo is on the brink of agreeing that Australian troops convicted of serious crimes while in Japan for training will not face the death penalty, according to Japanese media reports.

Such a decision would remove a final sticking point in negotiations for a defence cooperation agreement between the two nations, but is expected to prove controversial among the Japanese public given long-standing resentment over its Status of Forces Agreement (SOFA) with the United States.

Under the agreement, US personnel who commit a crime off base must be handed over to US military police and Japanese authorities must request their release to face charges under domestic law. There have been occasions when the US has declined to hand over suspects, while others have been transferred back to the US before the Japanese authorities have had time to request a transfer.

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A spokesperson for the Australian Defence Ministry confirmed that the two countries were “continuing negotiations on the Reciprocal Access Agreement”, but declined to comment on what aspects were being negotiated.

“The agreement will make it easier for the Australian Defence Force and Japanese Self-Defence Forces to work together to maintain and promote a free, open, stable and prosperous Indo-Pacific region,” the spokesperson said.

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Ships from the Quad nations of India, Australia, Japan and the US take part in the Malabar naval exercise in the Bay of Bengal. Photo: AFP
Ships from the Quad nations of India, Australia, Japan and the US take part in the Malabar naval exercise in the Bay of Bengal. Photo: AFP
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