Status of Forces Agreement in Iraq

Friday, April 11, 2008
On January 1, 2009, the U.N. mandate (with appropriate Congressional approval) that allowed the U.S. to invade Iraq expires. After that date, U.S. Forces will be in Iraq illegally.

Problematic.

So the administration, being so concerned with following the law and everything, has decided they're going to negotiate a Status of Forces agreement directly with the Iraqis that will allow the U.S. to maintain a military presence in Iraq.

For those of you not familiar with the concept of a "Status of Forces Agreement (SOFA)," it's basically an agreement between governments that allows a foreign nation to station military forces in the host country. The SOFA is intended to clarify the terms under which the foreign military is allowed to operate. It includes all sorts of picayune details, such as postal service, foreign national employment, taxes, entry and exit to the host country, etc., etc., ad naseum. The biggest issue tends to be civil and criminal jurisdiction over the bases. For civil matters, SOFAs provide for how civil damages caused by the forces will be determined and paid. Criminal issues vary, but the typical provision in U.S. SOFAs is that U.S. courts will have jurisdiction over crimes committed either by a service member against another service member or by a service member as part of his or her military duty, but the host nation retains jurisdiction over other crimes.

Military people who are stationed overseas, or visit ports of call on Navy ships, are usually briefed on the country's SOFA with the U.S. prior to arriving in-country.

The issue with Iraq is the matter of whether or not a SOFA with Iraq really authorizes the U.S. Military to continue operations in Iraq, or if another U.N. mandate (with appropriate Congressional approval) is required to make it legal under current U.S. law. Our presence in Iraq is not like our military bases in other countries that have functional, self-sustaining governments.

On one side you have the groups who claim that Congress' voting for money to support the war is implicit approval for the war. On the other, you have those who claim the legalities need to be addressed.

From my perspective, I have to say that the Shrub administration is one crafty group. If they can just slide by on an Iraq SOFA until January 20th, then it becomes the problem of 44.

Look! A Pterodactyl!

::Dashes off::

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