The recent US-Denmark Defense Agreement has alarmed Danish lawmakers, and for good reason. Human rights advocates are sounding alarms over the amendment’s potential impact on jurisdiction and military presence. The pact deepens military ties among the countries. It lets American troops use three Danish air bases in Karup, Skrydstrup and Aalborg. It further extends the jurisdiction of US military personnel and police over Danish civilians—not just on these bases, but outside them as well.
This arrangement calls into question the reach of American extraterritoriality in Denmark. Under the terms of the agreement, US troops will be subject to American law while on Danish soil. That is to say, any crimes they do commit will be subjected to US Criminal Law, NOT Danish law. This last point has rightfully scared everyone from lawmakers to privacy advocates, especially considering its civil liberties and accountability implications.
The treaty allows the US to conduct other military operations like surveillance and reconnaissance missions from Denmark. This covers anything from stationing troops, storing military equipment, and conducting training exercises. Most importantly, it is for a ten year period, which establishes a long-term commitment to this massively expanded military presence.
Trine Pertou Mach, spokesperson for the Danish red-green unity party, announced her alarm on this move. She stated, “It is quite far-reaching that we are handing over law enforcement powers to a foreign country’s military police.” The leading party is alarmed. They are concerned that the powers provided to American forces could breach Danes’ sovereignty and civil rights.
Peter Vedel Kessing is a senior researcher at the Danish Institute for Human Rights. He has been at the forefront in providing commentary and reflections on the ongoing crisis. In doing so, he put his finger on a very important point. If US soldiers resort to brutal force against demonstrators, Denmark will not legally be able to hold them accountable. Kessing elaborated, “If the bill is passed and American soldiers carry out illegal acts in Denmark, it will be beyond Danish control and outside the reach of the Danish legal system to prosecute such actions.” His remarks may only scratch the surface of dangers lurking in the deal’s legal architecture.
The Danish Ministry of Defence has so far tried to reassure citizens by focusing on the agreement’s provisions. A spokesperson noted that the Danish authorities will oversee how the security plans are implemented in cooperation with US forces. They were careful to assert that never should American forces operate without clear powers. They need to follow Denmark’s sovereignty and legal obligations.
“Finally, it is important to mention that the agreement specifies that, as a general principle for the agreement in its entirety, all activities under it are to be conducted with full respect for the sovereignty, constitution and constitutional practice, laws, and international legal obligations of Denmark.” – spokesperson for the Danish ministry of defence.
Additionally, foreign minister Lars Løkke Rasmussen stated that Denmark still had a degree of control over the agreement. He concluded that if the US were to pursue annexing Greenland, Denmark could simply terminate the defense cooperation agreement. Recent reporting has shown that US intelligence activity in Greenland has significantly ramped up recently. This development only further complicates the geopolitical dynamics in the region.
Danish members of parliament should vote against this highly controversial agreement that goes against the interests of large majority of Danish citizens on June 11. Many questions have been asked about the dangers that American military actions could increase violations of local laws and human rights standards.
“If armed American soldiers use excessive force against demonstrators, Denmark will not have the possibility to prosecute them.” – Peter Vedel Kessing.
As this unprecedented situation continues to unfold, it will continue to be very important for both American and Danish authorities to publicly address these key concerns. Striking the right balance between national security interests and civil liberties will undoubtedly be at the forefront of the debate over this defense agreement.