Get the word out guys. If your company is not explaining to you the legalities of the SOFA, then you need to read it yourself and talk about it within your group. I have yet to hear any legal organizations interpreting the SOFA as it applies to the security contracting community in Iraq. It is my belief that companies have a legal obligation, as does the US government, to describe exactly how this SOFA is to be implemented and how it applies to us. I will try to get the word out on the forums, and please feel free to pass this around so everyone gets the word. Read it, understand it, and protect yourself and your team. –Head Jundi
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U.S. Officials: Time is Short for Troop Agreement in Iraq
Thursday , October 23, 2008
WASHINGTON —
U.S. officials are telling Iraq’s government that the window is closing to accept a Status of Forces Agreement that would outline the number of U.S. troops in Iraq.
FOX News has exclusively obtained the first English version of the draft agreement, which has been under negotiation for the seven months. But in recent days the Iraqi side has indicated it is dissatisfied with some of the provisions, though it has not formally requested changes to the agreement. That has caused a lot of frustration for Defense Secretary Robert Gates and other U.S. officials, sources told FOX News.
White House spokeswoman Dana Perino said Monday that U.S. negotiators — the top commander on the ground Gen. Ray Odierno and Ambassador Ryan Crocker — are in regular contact with the Iraqis but have not been given any new terms.
“We believe that the text is a good one. And we believe it’s closed or, if not fully closed, then almost all the way closed,” Perino said Monday.
She added that “a very high bar” would have to be passed to see any changes to the agreement.
“I think Secretary (of State Condoleezza) Rice and Secretary Gates put it plainly, that there are consequences for not moving forward, but we are confident the Iraqis, once they can get through their political process that they have set up for this — this agreement, that we think we can get it signed,” Perino said.
According to the draft copy of the agreement obtained by FOX News, all U.S. troops, not just combat troops, would be out of Iraqi cities by 2009 and out of the country by 2011.
The most controversial article in the draft agreement is on troop immunity. While the U.S. gives up immunity for U.S. troops who are “off duty and off base” if they commit major or intentional crimes, the U.S. retains the authority to determine whether they were off duty.
Article 29 calls for the Iraqi government to take “full responsibility of the International Zone” as soon as the agreement goes into effect.
“The Iraqi government is permitted to request temporary support from the U.S. forces in tasks related to security in the international zone,” the draft agreement reads.
This is a new provision that was not in the earlier draft. It states that the U.S. would not have control over the Green Zone, where the U.S. embassy is situated. Perino said turning over the Green Zone to Iraqi security is no cause for concern.
“We would not agree to it if we thought that they weren’t able to take care of it,” she said.
Elsewhere, Article 22 of the document, which deals with detention of prisoners, concludes that “U.S. forces are not permitted to search houses and other properties without a court warrant.”
That is a big change from combat operations, during which time U.S. forces could go into homes and arrest people as needed. The requirement of a judge’s approval is unchanged from an earlier draft. Likewise, U.S. forces would be permitted to assist with arrests and detentions when Iraqi security forces request their assistance.
Article 22 also states: “With complete and active coordination with the Iraqi authorities, when this agreement goes into effect all detainees in U.S. custody shall be released in a safe and organized fashion.”
That’s thousands of detainees whom the Iraqis could choose to release or could keep imprisoned. However, at this point, the Iraqis do not have the capability to detain prisoners now in U.S. custody.
Article 12 of the agreement manages foreign contractors working in Iraq. The draft gives Iraq “the primary legal jurisdiction over contractors with the U.S. and their employees.” In this case, it would appear that the U.S. government would not have protective or disciplinary authority over contractors.
Click here to view the draft SOFA (.pdf)
FOX News’ Bret Baier and Jennifer Griffin contributed to this report.
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Article Twelve
Legal Jurisdictions Recognizing Iraq’s sovereign right to decide and implement civil and criminal laws in
Iraq’s territory, and based on Iraq’s request for temporary assistance from the U.S. forces
as it was explained in article four, and while respecting Iraq’s laws, regulations, traditions
and customs, the t wo parties have agreed on the following:
1 The U.S. has the primary legal jurisdict ion over U.S. armed forces members and civilian members concerning issues that occur inside the installations and areas agreed
upon, and while t hey are on duty outside t he installations and areas agreed upon, and in
all condit ions not mentioned in paragraph 2.
2 Iraq has the primary legal jurisdict ion over armed forces members and civilian
members in cases of major and intent ional crimes ment ioned in paragraph 8 that takes
place outside areas and installat ions agreed upon while troops are off dut y.
3 Iraq has the primary legal jurisdict ion over contractors with the U.S. and their
employees.
4 Both sides agree on assist ing each other, when asked, in investigating incidents and
collect ing and exchanging evidence to ensure that justice is carried out.
5 All members of U.S. armed forces or civilian members must be handed over to the
U.S. as soon as they are arrested by the Iraqi authorities. When Iraq is exercising its legal
jurisdict ion in accordance to paragraph 2 of this article, the U.S. authorit ies shall manage
the tasks of detention of U.S. armed forces or civilian contractors. The U.S. authorit ies
will allow Iraqi authorit ies access to suspects for interrogation and court hearings.
6 Both sides have t he right to ask the ot her side to waive their primary legal jurisdict ion over a specific case. Due to the except ional importance of exercising such jurisdict ions,the Iraqi government agrees to exercise its judicial jurisdict ions in accordance to
paragraph 2 only after it informs the U.S. in writ ing within 21 days of the discovery of
the alleged crime.
7 U.S. armed forces members and civilian members have the r ight to enjoy the
protections guaranteed by the U.S. constitution and laws in cases that fall under
paragraph 1 where the U.S. exercises its legal jurisdict ions. In case the victim of a crime
that falls under paragraph 1 is a person who usually resides in Iraq, the two sides take the
necessary steps through the joint committee to inform related persons of the following:
crime invest igat ion status, list of suspect’s charges, court dates, results of negotiat ions
regarding suspect’s situat ion, the possibilit y to have suspect in public court sessions,
coordinat ing with lawyers, and helping to submit requests in accordance to article
twentyone of this agreement. The U.S. authorities will try to conduct such courts in Iraq
when the situat ion permits and when the t wo sides agree upon that. In case t he court
locat ion in such cases was in the U.S., efforts will be made to facilitate the vict im’s
personal presence at court.
8 In cases where Iraq is to exercise its legal jurisdict ions in accordance to paragraph 2 of
this article, the armed forces members and civilian members have the right to enjoy the
legal procedures and guarantees provided by the U.S. and Iraqi laws. The joint committee
will put the necessary procedures and regulat ions needed to implement this article,
including a descript ion of the major and intent ional crime that falls under paragraph 2,
and the regulat ions that guarantees a legit imate trial. It is not permissible to exercise the
legal jurisdictions related to paragraph 2 of this article unless in accordance to the
procedures and mechanisms ment ioned in this paragraph.
9 The U.S. authorit ies submit, in accordance to paragraphs 1 and 2 of this article, a
declarat ion explaining whether the alleged crime occurred while suspects where off dut y
or on duty. In case t he Iraqi authorit ies think the condit ions require such a decision to be
reviewed or changed, the t wo sides discuss that through the joint committee, and the U.S.
authorities takes into consideration all the condit ions, events and any other informat ion
submitted by the Iraqi authorit ies that might have an effect on changing the U.S.
authorities decision.
10 Both sides review the regulat ions ment ioned in this article every 6 months, including
any suggested changes to the article, taking in considerat ion the securit y situat ion in Iraq,
the level of U.S. forces engagement in military operations, the growth and development
of the Iraqi judicial system, and the changes in both Iraq and U.S. laws.