Responding to public anger in Okinawa over the April rape and murder of a 20-year-old local woman by an American civilian working for the U.S. military, the Japanese and U.S. governments have agreed to change the way the bilateral Status of Forces Agreement (SOFA) is implemented. The change, which does not revise SOFA's text itself, is far too small to appease local frustration with repeated crimes associated with the disproportionately large presence of the U.S. forces in the prefecture.
The suspect, Kenneth Franklin Shinzato, was a former marine working for a cable television and internet-related company at the U.S. Kadena Air Base. Under the agreement, the "civilian component" under SOFA will be narrowed down to four categories: civilians paid by the U.S. government to work for the U.S. military in Japan; those working on vessels and aircraft operated by the U.S. military; those working for the U.S. government and staying in Japan solely for official purposes in connection with the U.S. forces; and technical advisers and consultants staying in Japan at the official invitation of and solely for the U.S. military. SOFA defines "civilian component" as "civilian persons of the United States nationality who are in the employ of, serving with, or accompanying the U.S. armed forces in Japan." The new accord also excludes those with permanent residency status in Japan — like Shinzato — from the civilian component.
In theory, narrowing the scope of civilian workers for the U.S. forces covered by SOFA will lead to an increase in the number of workers who fall under Japan's primary jurisdiction in the event they commit crimes here. Under SOFA, the U.S. has primary jurisdiction over members and civilian workers of the military if the alleged offenses occur while they are on duty. However, the U.S. has the right to determine whether or not they were on duty when they committed the alleged crimes. If a suspect off duty at the time of the offense escapes into a U.S. military facility and is detained by the authorities there, the suspect will in principle not be handed over to Japanese investigators as long as the person is not indicted.