Japan Looking for Legal Way to Protect Jenkins, Former U.S. Army Sgt.

Article image TOKYO — The government is examining Japan's laws to let it work around possible U.S. demands for custody of former U.S. Army Sgt. Charles Robert Jenkins, an American in North Korea who married a Japanese abductee, in the event he comes to Japan, government sources said Tuesday.
Jenkins, 62, has married Hitomi Soga, 43, one of five Japanese abductees currently back in Japan. He is listed as a deserter by Washington and could face arrest and a court-martial by U.S. authorities if he comes here.

The U.S., which earlier said the arrest of Jenkins for desertion would be inevitable if he goes to Japan, has reportedly not yet made a final decision on how to handle the case. Tokyo is asking Washington to make a special consideration.

If the U.S. decides to ask for custody of Jenkins, it will likely do so based either on a bilateral
agreement stipulating the management and operation of U.S. military forces in Japan or on an extradition treaty it has with Japan.

But opinions are divided on the Japanese side over whether the Japan-U.S. Status of Forces Agreement (SOFA) covers U.S. military personnel based outside Japan, according to the sources.

"We do not know how Mr Jenkins is currently considered inside the U.S. military, so it is unclear how he can be treated under the SOFA," a Japanese Foreign Ministry official said.