A Status of Forces Agreement is an legal agreement between two countries. We have one for every base that we have overseas. If Afghanistan did not agree to the SOFA we would not be operating in Afghanistan. We pulled out of Iraq because Iraq did not want to renew the SOFA. The British were tried by colonists because the colonies were British soil with British common law, and therefore, no special consideration was needed. Just as when a U.S. soldier commits a crime within the United States he is tried in civilian court and not immune to double jeapordy.
Your avatar is of Frederic Bastiat, a champion of natural law and the liberty of the individual. Certainly you believe that our troops should not be tried under a system in which the laws of nature are not the focal point of Afghan law. Certainly you would respect the freedom of a country to contract an agreement with another in keeping with its Constitution? Certainly you would not want us to be in a foreign country without an SOFA agreement? Certainly you would want to honor the legal agreement between our countries? Certainly we have the right to try him under the UCMJ and not under a system of religious bigotry & intolerance. I wouldnÂ’t wish that upon the most obviously guilty serial killer. Why? Because what implications would it have on my treatment in the court of law?
I believe that the natural law dictates that your trial take place in the location where the alleged crime was committed. That Afghanistan is not based on natural law doesn't trump that principle. We don't send foreigners accused of crimes in the U.S. to their home countries to face a trial simply because our justice system might be foreign to them, so why should we receive special treatment?
In regards to the SOFA, my point is that it's wrong and goes against principles we as Americans supposedly believe in. Namely that you face justice where your crime was committed. As for not wanting us to be in a country without a SOFA, I don't want us to be in any other countries at all. If we can't station our troops in a country without being in fear that they'll break the laws of that country, then perhaps we need to rethink being in that country in the first place.
My point regarding the Boston Massacre is simply that the British government could have easily made the case that it would have been impossible for the soldiers to receive a fair trial in the colonies, and that, since they're under the British common law system regardless, a trial in Great Britain for those soldiers would make more sense. This, however, did not happen, and the soldiers were tried in Mass. as they should have been.