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No, the Finland-US Defense Cooperation Agreement does not establish US military bases in Finland, nor does it exempt deployed US forces from Finnish law.

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Posted by: Emi Kivi
January 3, 2024

No, the United States does not have military bases in Finland, and deployed U.S. troops are not exempt from Finnish law.

The DCA does not establish U.S. military bases in Finland and requires U.S. military personnel sent there to respect Finnish laws.

Claim ID 65662464

context

On December 18, 2023, Finland and the United States signed a new bilateral Defense Cooperation Agreement (DCA). The DCA articulates a modern framework for cooperation on security-related issues, covering practical issues such as the entry of troops, taxation, and storage of defense materials. The Finnish parliament still needs to approve the DCA before it becomes legally effective.

The newly signed agreement sparked intrigue that it was signed to open a second front against Russia during Russia’s invasion of Ukraine. Online users shared a map of Finland, claiming it showed US military bases set up by the DCA, but other online users claimed that under the agreement, the US military would not be bound by Finnish law and would not be subject to criminal liability. He claimed there was no such thing.

Social media users also acknowledged that National United Party presidential candidate Alexander Stubb signed the DCA to enable U.S. military operations rather than force defense cooperation during a December debate. It was reported that he made a gaffe in which he claimed that

However, this claim is false; the DCA does not allow the US to establish military bases in Finland, and the US military is not exempt from Finnish law.

in fact

Under the DCA, “The United States will not establish any military bases in Finland. Under the DCA, the U.S. military may use existing facilities and areas of the Finnish Defense Forces in accordance with the agreement. ” Annex A of the DCA lists 15 agreed-upon military facilities, including spaces only accessible to the United States, but does not establish a U.S. military base in Finland. The agreement states that “the primary reason for the presence of U.S. forces in Finland is training, exercises, or similar cooperation that does not require a permanent presence.”

The DCA does not absolve U.S. forces from criminal liability in Finland, but establishes a framework for criminal jurisdiction based on the NATO Status of Forces Agreement (NATO SOFA). Therefore, although the United States has primary jurisdiction over its own soldiers and deployed civilians, it must respect Finnish law. Furthermore, the right of the US military to exercise criminal jurisdiction will be divided between Finland and the US.

Finland may assert primary jurisdiction in exceptional criminal cases. “In cases of social crimes, sexual crimes or similar crimes of importance to Finland,” Foreign Minister Elina Valtonen said at a press conference in December (translated from Finnish).

Logally Facts has previously covered and disproved the false claim that NATO and the United States are going to war in Europe through NATO allies.

verdict

The DCA provides a modern framework for security cooperation between Finland and the United States and is not a device for aggression in Russia or elsewhere. Although there will be no U.S. military bases in Finland, deployed U.S. forces will have access to 15 agreed upon military facilities and military zones. The U.S. military follows U.S. law, but must also respect Finnish law. There is no immunity from criminal liability. Therefore, we have marked this claim as false.



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