Hashimi: Security Agreement in Doubt;
UN Worries about Iraqi Christians;
Physicians Close Clinics in Karbala
The UN is concerned about the continued flight of Christians from the northern metropolis of Mosul. Sunni radicals are targeting them and several have been assassinated.
Iraqi refugees who try to return to their old homes are often still facing violence on their return, McClatchy reports. The UN High Commission on Refugees staff in Amman told me last August that they actively discourage Iraqis from going back, since it is not safe.
A tribal sheikh in Samarra alleged to al-Zaman that the sheikhs had been instrumental in arranging a truce between US soldiers in that city and Muslim guerrillas, including "al-Qaeda in Iraq" (probably actually the "Islamic State of Iraq.")
Iraq opened bids for the development of its oil fields on Monday, insisting that foreign firms partner with Iraqi concerns.
Al-Zaman reports in Arabic that 200 physicians in the southern shrine city of Karbala have closed up their clinics because they have received threats from the local clans whose members they treat. When they fail to save the life of their tribal patient, the clan has been demanding that they pay blood money or else incur a feud with the tribe. This sort of constant wrangling with the clans could only affect the physicians in a situation where there was no law and order. This sort of insecurity has led many of Iraq's physicians and indeed its white collar middle class to flee the country.
McClatchy is reporting that Iraqi vice president Tariq al-Hashimi, a Sunni Arab, is expressing severe doubts that any security agreement can be concluded by the end of the year. He tells Leila Fadel that even if its text were soon finalized, the agreement would have to be passed by the cabinet, by the national security council and by parliament in time to take effect January 1.
Hashimi is also worried about a return of large-scale violence at the end of the year. How the Shiite-dominated government treats the Awakening Councils or pro-American Sunni militias, which it is now assuming responsibility for, will help determine if the civil war returns.
The alternatives to concluding the agreement are few. Iraq could go back to the UN Security Council for a one-year extension of its mandate to the Multinational Forces in Iraq, giving US troops legal standing to perform security duties in a foreign country. Moreover, Russia may raise difficulties in the UNSC, in retaliation for Washington's siding with Georgia in the recent police action there.
Or the prime minister, Nuri al-Maliki, could sign an executive memorandum of agreement with George W. Bush in hopes that it would take on the force of law with time. Both steps have drawbacks. Iraqis are not eager to postpone their return to full sovereignty in international law for yet another year. And, an executive-branch memorandum of agreement could easily be challenged.
The nightmare scenario is that a US platoon gets in a firefight in a village and accidentally shoots up a house full of civilians, and are overwhelmed by Iraqi troops and police and dragged before the local qadi and summarily executed. Without a Status of Forces Agreement, it is not even clear that the Iraqi police and judge in such a situation would be brought up on charges; after all,they had just arrested and punished foreign "murderers" with no legal standing to be in Iraq in the first place.
PM al-Maliki told the London Times that without an agreement, US troops would have to be confined to their bases or perhaps withdrawn:
' if the Parliament rejects it then we will have to go to the United Nations which is a not a great choice for us or the Americans under the circumstances of the crisis at the Security Council. But we would have no choice because the American forces will lose their legal cover on December 31 … If that happens, according to the international law, Iraqi law and American law, the US forces will be confined to their bases and have to withdraw from Iraq. We always say that a sudden withdrawal may harm security. . . Either the resolution will be extended by the Security Council, so they will have legal cover according to international law – and this seems to be unlikely at the moment. Or they lose will their legal cover and they have to leave Iraq. '
Al-Maliki professes, at least, that he does not really need the foreign troops any more except for close air support and training:
'Do you think the British should reduce the size of their 4,100-strong force?
Definitely, there will not be any need for 4,000 troops. The size of the need is determined by the size of the required tasks. For example to train the naval force, how many forces do we need? I don’t know. Also, to train the 14th Division in Basra, how many do we need? (Training on) some technical issues about how to use weapons and equipment. This will be determined in the negotiations… '
He boasts of his ability to turn the tribes around Basra to government loyalties. (He is talking about the Marsh Arabs like that!) He also thinks his Shiite troops are more willing to take casualties and engage in close fighting in dense neighborhoods. (His best fighters are, however, actually Badr Corps militiamen whom he has inducted into the military, and who had been until 2003 part of the Iranian Revolutionary Guards Corps).
A Turkish delegation is meeting with Iraqi Kurd leader Massoud Barzani to discuss ways of curbing the PKK Kurdish guerrilla group.
Labels: Iraq

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7 Comments:
Re: The McClatchey report on refugees being unable to return because of violence. Bill Kristol "returns fire" on criticism from the McCain camp "Kristol said if McCain fired his staff, it would 'send the same signal Bush sent when he replaced Rumsfeld…and won the war.' ”
Oh really? Bush "won" the Iraq War, eh? Gee, that's interesting! I'm sure Iraqis will be happy to hear that Dear Leader made everything all nice and safe for them now.
The alternatives to concluding the agreement are few. Iraq could go back to the UN Security Council for a one-year extension of its mandate to the Multinational Forces in Iraq, giving US troops legal standing to perform security duties in a foreign country. Moreover, Russia may raise difficulties in the UNSC, in retaliation for Washington's siding with Georgia in the recent police action there.
What are they going to do, bring Colin Powell back to talk about weapons of mass destruction?!
I would hope that it would be more than just Russia that would "raise difficulties" in UNSC!! (Raise difficulties? You sound like you'd be disappointed if the US were kicked the hell out of Iraq. Would you be?)
Or the prime minister, Nuri al-Maliki, could sign an executive memorandum of agreement with George W. Bush in hopes that it would take on the force of law with time.
According to the way things are supposed to work that would be absurd on its face, an executive-branch memorandum of agreement could easily be challenged as you point out. But the next "unitary executive", aka godfather, will likely be M or O... and I have no difficulty envisioning either one of them "honoring" a "commitment" made by the outgoing B in MOB.
The nightmare scenario is that a US platoon gets in a firefight in a village and accidentally shoots up a house full of civilians, and are overwhelmed by Iraqi troops and police and dragged before the local qadi and summarily executed. Without a Status of Forces Agreement, it is not even clear that the Iraqi police and judge in such a situation would be brought up on charges; after all,they had just arrested and punished foreign "murderers" with no legal standing to be in Iraq in the first place.
That would be the case right now in the eyes of the rest of the world.
Al-Maliki professes, at least, that he does not really need the foreign troops any more except for close air support and training.
Al-Maliki may need 'em... but that's to protect himself form Iraq and the Iraqis.
Lacking an Accord On Further Occupation, usa and Iraq Seek a Plan B
Negotiators have been stuck for months on the question of legal jurisdiction over usa Occupation troops and immunity for possible crimes. But even if the sides reach a deal in the next few days or weeks, it is not clear that a formal status-of-forces agreement could be approved by the end of the year.
Maliki has pledged to submit an accord to Iraq's divided parliament before he signs it - a promise he reaffirmed last week during a visit to Grand Ayatollah Ali Sistani, Iraq's most influential Shiite cleric. Sistani has said he will not endorse any document without the support of Iraq's population and political factions.
If the parliament refuses, Maliki would have "no choice" but to request a UN extension "because the American forces will lose their legal cover on December 31," he told the Times of London in a weekend interview. "If that happens, according to international law, Iraqi law and American law, the US forces will be confined to their bases and have to withdraw from Iraq," Maliki said.
US officials do not dispute that the absence of an agreement would probably require an immediate end to combat operations and, at a minimum, confinement to bases on January 1. Officials refused to discuss the sensitive issue on the record while negotiations are ongoing.
"legal cover" - what a charming turn of phrase from Maliki. Legal fig leaf, in other words.
The clock continues to wind-down: 78 days to go. I like the way Maliki is preparing the ground rhetorically. None of us can read his mind, but the USA has inflicted so much carnage and damage on Iraq and its people, going all the way back to its supporting Saddam Hussein and using Iraqis as proxies in the US's war against Iran during the 1980s, with millions dead, millions more displaced and physically and mentally wounded, hundreds of billions of dollars in damage that the USA is refusing to pay to repair, and a landscape sown with the poisonous carcinogen Depleted Uranium, I find it hard to believe that Maliki wants the US to remain one extra minute. Overall, I think the Iraqis have shown a level of patience far beyond anything citizens of the aggressor nations could/would tolerate. The escalation of an already ongoing crime--The Iraqi Sanctions Holocaust--with yet another crime--the invasion--and coupled with what I believe is a criminal policy throughout the Middle East, and indeed much of the world, needs to be reversed ASAP. And US citizens ought to be ashamed for Maliki is doing their job by forcing the situation to a climax this January.
As the USA collapses under the massive weight of its own contradictions, the Iraqi Mouse is roaring. Ultimate justice for Iraqis would have the USA paying close to a Trillion in reparations over the next decade, and see War Crimes trials for the bipartisan politicos responsible for all the carnage and damage done over the years. A pipe dream, I admit, but someone must say what ought to be the correct level of justice.
Iraqis must mend their own ways, and violence will be a part of that mending because that is how their culture goes about mending its ways! We may deplore such behavior, but as outlined above, our behavior--as citizens of an overbearing and very destructive Imperial Power--is even more deplorable. We must mend our own ways, and hopefully such a process will finally civilize the United States.
Juan, the first part of your Times Online quote from Maliki refers to the Americans, the second part to the British. You've muddled them, so it appears that in one quote Maliki thinks it would be dangerous for all trooops to leave, in another that he expects all troops to have to leave. No, in fact he seems to want the British out and the Americans to stay.
Association of Muslim Scholars Issues Fatwa Prohibiting Long-term Pact
The long-term security pact between Iraq and the U.S. administration occupying the country, if it is signed, is considered religiously prohibited and obsolete, and creates no commitments that Iraqis should abide by... The Iraqi politicians who are in the executive (government) or legislative (parliament) authorities who would pass this treaty are considered careless regarding the interest of the Uma (Muslim’s nation), the prophet (Mohammed) and Muslim Iraqis and others... This agreement includes concessions made by Iraqis, government and people, in all directions to their enemies, the American occupiers and their allies... It also embraces a military alliance with an occupying non-Muslim country; therefore it is religiously prohibited and obsolete... In Islam, Muslims are not allowed to form military alliances with non-Muslims to battle Muslims.
I don't think they like it.
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