On November 16, the 40-member Iraqi cabinet approved a proposed security agreement with the United States. The pact, passed by a 27-1 margin, sets the legal framework for the status of more than 150,000 U.S. troops stationed in roughly 400 bases throughout the country. The proposed agreement is meant to take the place of the current UN mandate permitting multinational forces in Iraq, which expires at the end of the year. The pact is still pending approval of the Iraqi parliament, which remains divided over the agreement. The presidency council, consisting of President Jalal Talabani and his two deputies, must also approve the proposed deal.
Security Agreement Details
The agreement reportedly contains 31 articles including certain key provisions:
• Establishes June 30, 2009 as the date for the withdrawal of U.S. forces from all cities and towns; sets December 31, 2011 as the date for withdrawal of all U.S. troops from Iraq
• Prevents the United States from using Iraq as a base for attacks on neighboring countries
• Allows for joint Iraqi-U.S. panels to try U.S. soldiers and defense contractors if they commit serious crimes while off duty and off base
• Allows the Iraqi government to try nearly 16,400 detainees currently being held by the United States in Iraqi courts
• Requires U.S. forces to seek permission from the Iraqi government to search homes
• Provides Iraqis with the right to examine incoming shipments, including those with weapons, destined for U.S. recipients
Progression of Negotiations
In November 2007, the United States and Iraq agreed to a Declaration of Principles that set general principles for the countries’ political, cultural, economic and security relations. This arrangement took the form of a security agreement and a more general strategic framework agreement covering issues not included in the proposed security agreement. The Iraqi government stated it would no longer request an extension of the UN mandate legalizing the presence of multinational troops in Iraq past December 2008. The sides had expected to reach an agreement by July, but negotiations slowed due to concerns regarding details of the pact. U.S. and Iraqi negotiators reportedly reached an understanding after the United States agreed to certain Iraqi amendments laid out in late October.
Key U.S. policy shifts in response to Iraqi demands, including a promise to set a concrete date for troop withdrawals and providing Iraq with a degree of authority in criminal cases involving U.S. forces, led Iraqi Prime Minister Nuri al-Maliki to support the agreement, paving the way for its passage through the cabinet. In addition, various Iraqi Shiite politicians said Grand Ayatollah Ali al-Sistani, the most influential Iraqi Shiite cleric, reportedly offered support for the agreement under certain conditions, and this influenced the cabinet’s decision.
Next Steps
The Council of Representatives (COR), Iraq’s parliament, must still approve legislation that includes both the security agreement and the strategic framework agreement. Although Article 58 of the Iraqi Constitution says that international treaties and agreements require ratification by a two-thirds majority of the COR, it is still unclear whether the pact will need to be passed by a simple or two-thirds majority. The accord faced criticism from Sadrists, led by the Shia cleric Moktada al-Sadr, and some Sunni politicians during its first reading in the COR on November 17. Opponents sought to gather support to demand Maliki and other cabinet officials answer questions about the accord in parliament. Sadrists contended the ratification process was unconstitutional and threatened to bring the matter before the court, while also planning to submit a bill requiring a two-thirds majority for parliamentary approval.
If it passes the COR, the security agreement will need to be ratified by Iraq’s presidency council, consisting of President Talabani, a Kurd, and the two vice presidents, Tariq al-Hashimi, a Sunni, and Adil Abdul Mahdi, a Shiite. The parliament’s deputy speaker indicated he expected the COR to vote on the security agreement by November 24, a day before a scheduled 15-day recess.
U.S. Concerns
Congress has expressed concerns that the Bush administration has not consulted with it throughout the negotiations on the proposed security pact. A bipartisan group of U.S. senators introduced a bill in August, since referred to the Foreign Relations Committee, prohibiting the Bush administration from entering into binding security deals without receiving prior approval from Congress. Several members of Congress, including Congressman Ike Skelton, chairman of the House Armed Services Committee, have expressed concern about possible provisions that would allow the prosecution of U.S. forces in Iraqi courts.