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Iraqi Lawmakers Approve Security Pact

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The New York Times

Published: November 28, 2008

BAGHDAD - The Iraqi Parliament ratified a long-delayed security agreement on Thursday that lays out a three-year timetable for the withdrawal of U.S. forces from Iraq.

For Iraq and the United States, the pact's passage by a large majority Parliament - more than 140 of some 200 lawmakers present voted in favor - marks a watershed moment, heralding an increase in Iraqi sovereignty over U.S. and other foreign troops on its soil.

The pact, which took more than a year to negotiate, consists of two documents: A Status of Forces Agreement defining the rules under which U.S. forces will operate and a wider Strategic Framework Agreement outlining a broad bilateral view looking toward the future.

Within minutes of the ratification, the U.S. Embassy in Baghdad issued a joint statement of congratulations from Ambassador Ryan C. Crocker and Gen. Ray Odierno, the overall commander of U.S. forces in Iraq.

"We look forward to the ratification of this vote by Iraq's Presidency Council," the statement said. "Taken together, these two agreements formalize a strong and equal partnership between the United States and Iraq. They provide the means to secure the significant security gains we have achieved together and to deter future aggression. They establish a framework for cooperation in the fields of defense, political relations, economics, trade, culture, education, the rule of law, health, the environment and science and technology."

The deal was backed by Prime Minister Nouri al-Maliki and his Shiite-majority government, and was approved by the Iraqi cabinet on Nov. 16, but needed ratification by the 275-seat Iraqi Parliament.

That ratification came after two weeks of intense and sometimes rowdy debate; the vote was delayed twice. The agreement was opposed to the end by legislators belonging to the political bloc of the anti-American Shiite cleric Muqtada al-Sadr.

On the final day, they disrupted proceedings during the reading of the agreement by banging on their desks and shouting, "Yes, yes to Iraq; no, no to the occupier," and "No, no to the agreement."

The Sadrists held a news conference in the Parliament building immediately after the vote, many wearing black sashes used by Shiites to indicate mourning.

Akeel al-Khazali read a dismissive statement comparing the pact to historic treaties signed with Western powers during the colonial mandate era after the First World War. That theme has featured frequently at Sadrist rallies and speeches.

"The agreement was passed in illegal way," he said. "The way was rapid and the representatives were forced. We have started the era of mandates, not the era of withdrawals."

The new agreement comes into force when the U.N. mandate that currently governs the U.S. troops expires on Dec 31. The new pact says all U.S. combat forces should withdraw from Iraqi cities by June 30 and all U.S. troops should be out of Iraq by Dec. 31, 2011.

However, al-Maliki's government, or its successor, can negotiate a later, separate, agreement with the Americans allowing them to stay longer if it thinks Iraq is not yet stable enough.

The pact gives Iraq considerable say in what operations U.S. troops can undertake in the country, and sets limits on the Americans' ability to search homes and buildings or hold suspects that they detain.

EXCERPTS FROM THE AGREEMENT

•The Iraqi government requests the temporary assistance of U.S. forces to help maintain security and stability in Iraq, including cooperation in operations against al-Qaida and other terrorist groups, outlaw groups and remnants of the former regime.

•All such operations shall be conducted with the agreement of the Iraqi government and fully coordinated with Iraqi authorities and overseen by a Joint Military Operations Coordination Committee.

•The operations must be executed according to the Iraqi constitution and Iraqi laws and in line with Iraq's sovereignty and national interests.

•Surveillance and control over Iraqi airspace shall be transferred to Iraqi authority immediately after the agreement takes effect, but Iraq may request temporary support from U.S. forces in that effort.

•Iraq shall have the primary right to exercise jurisdiction over U.S. forces and civilians (contracted by the U.S. Defense Department) for grave premeditated felonies when such crimes are committed outside their designated facilities and areas and while not on duty.

•Iraq shall have the primary right to exercise jurisdiction over U. S. contractors and their employees.

•The United States shall have the primary right to exercise jurisdiction over U.S. forces and civilians (contracted by the U.S. Defense Department) for matters arising inside their designated facilities and areas or while on duty outside those facilities and areas.

•U.S. forces and civilians (contracted by the U.S. Defense Department) who are detained by Iraqi authorities must be handed over to U.S. authorities within 24 hours. U.S. authorities will make the accused available to the Iraqi authorities for the purposes of investigation and trial.

•U.S. authorities will certify whether an alleged offense arose during duty status.

•U.S. forces may not carry out any detentions or arrests without Iraqi legal permission.

•Those detained by U.S. forces must be handed over to Iraqi authorities within 24 hours.

•U.S. forces will provide information on all detainees in their custody to the Iraqi government. U.S. forces working with the Iraqi government will turn over custody of wanted detainees to Iraqi authorities with a valid Iraqi arrest warrant and will release all remaining detainees in a safe and orderly manner, unless otherwise requested by the Iraqi government.

•U.S. forces may not search houses or other properties except with an Iraqi judicial warrant and in full coordination with the Government of Iraq, except in the case of actual combat operations.

•All U.S. forces shall withdraw from all Iraqi territory no later than Dec. 31, 2011.

•All U.S. combat forces shall withdraw from Iraqi cities, villages and localities no later than ... June 30, 2009.

•U.S. combat forces withdrawn from the Iraqi cities, villages and localities mentioned in the agreement shall be stationed in the agreed facilities and areas outside those locations.

•The United States recognizes the sovereign right of the Government of Iraq to request the departure of U.S. forces from Iraq at any time. The Iraqi government recognizes the sovereign right of the United States to withdraw the U.S. forces from Iraq at any time.

•The United States shall take appropriate measures to deter any external or internal threat or aggression against Iraq upon the government's request.

•Iraqi land, sea and air shall not be used as a launching or transit point for attacks against other countries.

Source: The Associated Press

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