Friday, November 28, 2008

US-Iraq Security Pact Poll

The US and Iraqi parliament have been debating on whether a joint US-Iraq Security Pact should be signed by December 31, when the UN mandate governing troops in Iraq expires.
Here is a run down of the 24 page pact:

Article 4: All military operations undertaken in Iraq must be conducted with the agreement of the Iraqi government and should be "fully coordinated" with Iraqi authorities through a joint U.S.-Iraqi committee. However, U.S. and Iraqi forces have the right to "legitimate self defence within Iraq" as defined by international law.

Article 12: Iraq will have the right to prosecute U.S. troops and associated civilians for "grave premeditated felonies" committed "outside agreed facilities and areas and outside duty status." Should they be arrested however, they must be handed over to U.S. custody for the duration of the investigation and trial, and U.S. forces are responsible for certifying whether the alleged crime took place while the individual was on "duty status."

No such immunity is extended to private security contractors, over whom the agreement grants Iraq the "primary right to exercise jurisdiction."

Article 15: The U.S. military must present Iraqi authorities with a list of all items being imported for the use of the troops or U.S. security contractors.

Iraqi authorities have the right to request that U.S. forces "open in their presence any container in which such items are being imported in order to verify its contents." But Iraq must "honor the security requirements" of U.S. troops and, if requested, conduct the inspections in U.S. facilities.

This does not extend to parcels imported by civilians or to U.S. mail, which will be "exempt from inspection, search, and seizure by Iraqi authorities, except for non-official mail that may be subject to electronic observation."

Article 22: U.S. forces cannot detain anyone, except for its own Soldiers and associated civilians, without Iraqi permission, and all detainees must be handed over to Iraqi authorities within 24 hours of their detention.

Once the agreement enters into force the U.S. military will turn over all the information it has on detainees being held in Iraq. Iraqi judges will then issue arrest warrants for those they suspect have committed crimes and they will be transferred to Iraqi custody. All other detainees will be released in a "safe and orderly manner," unless otherwise requested by the Iraqi government.

The agreement allows Iraqi authorities to "request assistance" from the United States in arresting or detaining wanted individuals.

U.S. forces will not be allowed to search houses or other "real-estate properties" without an Iraqi search warrant and "full coordination" with the Iraqi government, except in combat situations.

Article 24: All U.S. forces must withdraw from Iraqi territory no later than Dec. 31, 2011. The pact itself also expires at the end of that day.

All U.S. combat forces will withdraw from "Iraqi cities, villages, and localities" once Iraqi security forces assume "full responsibility for security" -- but no later than June 30, 2009.

Iraq can demand that all U.S. forces withdraw at any time, and the United States can unilaterally withdraw the troops at any time.

Article 26: Regarding Iraq's finances, the agreement recognizes the protections granted to the Development Fund of Iraq by an executive order from the U.S. president that prevents the funds from being awarded to anyone who files lawsuits against Iraq. The agreement says the United States will "remain fully and actively engaged" with the Iraqi government with respect to the continuation of the protections.

The United States also commits to helping Iraq secure an extension of UN Security Council protections granted to petroleum and natural gas revenues.

Article 27: "Iraqi land, sea, and air shall not be used as a launching pad or transit point for attacks against other countries."

Article 30: The agreement is effective for three years, but can be terminated by either party with one year's written notice.

The agreement can be amended "only with the official agreement of the parties in writing and in accordance with the constitutional procedures in effect in both countries."

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