There is agreement on the status of U.S. Department of Defense military and civilian personnel in Afghanistan as part of cooperation efforts in terrorism, humanitarian and civic assistance, military training and exercises, and other activities.45 These personnel must be granted “equivalent status to the administrative and technical personnel” of the U.S. Embassy. , in accordance with the Vienna Convention on Diplomatic Relations in Vienna of 1961.46. , U.S. personnel are immune from criminal prosecution by the Afghan authorities, and are immune from civil and administrative jurisdiction, except for acts committed outside its duties.47 In the agreement, the Interim Islamic Administration of Afghanistan (ITGA)48 explicitly authorizes the U.S. government to exercise criminal jurisdiction over U.S. personnel, and the Government of Afghanistan is not authorized to transfer U.S. personnel to the custody of another state. , international tribunal or any other institution without the approval of the U.S. government.
Although the agreement was signed by ITGA, the government of the Islamic Republic of Afghanistan, subsequently elected, assumed responsibility for ITGA`s legal obligations and the agreement remains in force. The agreement does not appear to create immunity for contract staff. In support of U.S. foreign policy, the United States has agreements with foreign countries on security and insurance obligations36. These agreements can be concluded in various forms, including in the form of a collective defence treaty (requiring the parties to the agreement to assist in the defence of a party to the agreement in the event of an attack), an agreement that contains a request for consultation (a party to the agreement requires action if the other parties to the agreement are threatened in the event of an attack on the security of the country. , an agreement that granted the right to military intervention (which gave one party the right to intervene, but not the duty to intervene militarily on the territory of another party to defend it against internal or external threats) or any other non-binding agreement (unilateral commitment or political declaration).