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U.S. determines when troops have immunity against Iraqi courts – station

October 24, 2008 - 11:01:33

BAGHDAD / Aswat al-Iraq: 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.

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.

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.”

 

SH (S)

 

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