At Issue: Legal Authority Over Troops
By Mary Beth Sheridan and Karen DeYoung
Washington Post Staff Writers, Saturday, October 18, 2008
BAGHDAD, Oct. 17 — A number of senior Iraqi and U.S. politicians expressed strong reservations Friday about the terms of a draft agreement that gives Iraq the “primary right” — subject to U.S. acquiescence — to try American soldiers accused of serious crimes committed during off-duty hours outside U.S. military bases here.
Some political leaders in Baghdad, who got their first look at the controversial agreement to extend the U.S. military presence in Iraq beyond 2008, said it did not go far enough in guaranteeing Iraqi sovereignty. The bilateral accord was presented Friday to the Political Council for National Security, an advisory body including political, legislative and judicial leaders, whose support is necessary before it can be submitted to Prime Minister Nouri al-Maliki‘s cabinet and then to parliament for final approval. After an initial review, the council said it would continue discussions next week.
In Washington, congressional Democrats questioned ceding any authority over U.S. troops to Iraq. “I am very concerned about reports that U.S. service personnel may not have full immunity under Iraqi law,” said Rep. Ike Skelton (D-Mo.), the House Armed Services Committee chairman. The Bush administration allowed a small group of senior congressional aides to read the document at a White House briefing this morning but did not allow copies to be made.
A provision in the draft would give the United States “primary” jurisdiction over military personnel and Defense Department employees who are on bases or engaged in authorized military operations.
Iraq, it says, would have the “primary right to exercise judicial jurisdiction” over “premeditated and gross felonies . . . committed outside the agreed facilities and areas and when not on a mission.” Foreign Minister Hoshyar Zebari said Friday that any disagreement would be resolved by a joint committee. “If the crime is very grave or serious, the U.S. may waive its jurisdiction,” he said.
U.S. Defense Secretary Robert M. Gates told reporters at a Pentagon briefing that “there is not a reason to be concerned.” He said top U.S. military officials “are all satisfied that our men and women in uniform serving in Iraq are well protected.” U.S. officials have emphasized that off-duty American troops in Iraq rarely, if ever, venture outside their bases, and said that they consider language in the document vague enough to ensure absolute U.S. control in all circumstances.
Administration officials also said they are confident that withdrawal dates in the document — June 30, 2009, for U.S. forces in Iraqi cities and Dec. 31, 2011, from all of Iraq — contain sufficient caveats to address any future downturn in the security situation. Before the final deadline, the draft says, “on the basis of Iraq’s assessment of conditions on the ground,” the Iraqi government could ask for U.S. troops to remain for “training purposes” or to “support Iraqi security forces.”
The accord also would prohibit U.S. forces from detaining any Iraqi citizen without an Iraqi warrant, and says any detainee would have to be handed over to government custody within 24 hours. All Iraqis in U.S. custody as of Jan. 1 — when the agreement would go into effect upon expiration of the current U.N. mandate authorizing foreign troops here — would have to be turned over to the Iraqi government. Home and property searches also would require an Iraqi warrant, except during certain combat situations.
U.S. and Iraqi officials confirmed the wording of the document, portions of which were widely circulated in both capitals Friday.
The sensitivity of the draft agreement, which has been under negotiation since March, was illustrated when Maliki lashed out at the top American commander here for saying that U.S. intelligence indicated Iran was trying to bribe Iraqi lawmakers to reject the pact.
“The American commander has risked his position when he spoke in this tone and has complicated relations in a deplorable way,” Maliki told a group of Kuwaiti journalists in an interview broadcast by Iraqi state television Friday. Maliki expressed astonishment at the remarks from U.S. Gen. Ray Odierno, whom he described as a “kind and good man.” Iraqi members of parliament, he said, had not accepted any bribes.
Maliki was reacting to a Monday article in The Washington Post in which Odierno said Iran was conducting a “full-court press” with its Iraqi contacts to sabotage the pact, including “coming in to pay off people to vote against it.” A U.S. military spokesman later said there was no confirmation that bribes had been accepted by lawmakers.
A number of Iraq’s leading political leaders spent years in exile in Iran during the presidency of Saddam Hussein and maintain warm relations with the Tehran government. Several expressed sharp offense at Odierno’s comments.
Jalal al-Deen al-Saghir, a top lawmaker from the Islamic Supreme Council of Iraq, Maliki’s main political partner, said in an interview that he saw “serious problems” in the proposed accord, “especially after Odierno’s statements.”
Pentagon spokesman Geoff Morrell said Friday that there was a misunderstanding about Odierno’s comments. “I don’t think General Odierno was implying that there are crooked Iraqi politicians, but rather that there are Iranian agents who, in their attempt to derail the [agreement], are trying to bribe Iraqi politicians,” he said.
In Najaf, the religious capital of Iraq’s Shiite majority, a leading cleric blasted the idea of giving U.S. forces any immunity from Iraqi law. “We consider this a basic point because it represents sovereignty,” Sadir Addin al-Qobanchi said in a sermon at the city’s grand mosque. “If someone commits a hostile act against your house and family, and you say it is fine and don’t hold him responsible, it means that you don’t have dignity or sovereignty.”
U.S. military and political officials have expressed concern that the agreement may not make it through Iraq’s slow-moving political process by year’s end. An extension of the U.N. mandate, the most likely option if a final agreement is not reached, poses political and legal complications for both sides.
Mahmoud Othman, a Kurdish lawmaker, said the agreement could gain the approval of the political council and the cabinet. But in parliament, supporters of the agreement “will face opposition,” he said. The accord, which must win a majority in the 275-seat parliament, is strongly supported by the Kurdish bloc, the second-biggest with 54 seats. Various Sunni and independent parties representing scores of seats have also indicated their approval.
But Othman said the backing of some politicians was not solid.
“They tell the Americans, ‘We are okay, we’ll sign it.’ Then they tell their people in parliament not to vote for it,” he said.
The U.S. Congress does not have similar veto power over the agreement, which requires only a presidential signature. But senior Democrats, and a number of Republicans, have questioned its terms. Senate Armed Services Committee Chairman Carl M. Levin (D-Mich.) said in a statement Friday that complete American jurisdiction over U.S. service members was “critical” and that they could not be “subject to criminal prosecution in an Iraqi judicial system that does not meet due process standards.” Levin said he would “reserve judgment” on the draft until he was given an opportunity for a “complete review” of its terms.
DeYoung reported from Washington. Staff writer Ann Scott Tyson in Washington and special correspondent Qais Mizher in Baghdad contributed to this report.



The Forgotten U.S. War on the Iraqi People
October 21, 2008By Ghali Hassan | Axis of Logic, Oct 16, 2008, 19:42
On October 3, 2008, the Washington Post reported that the Pentagon is paying $300 million to U.S. contractors to produce pro-U.S. propaganda for Iraqi audiences “in an effort to ‘engage and inspire’ the local population to support U.S. objectives and the puppet government”. The aim of this psychological warfare is to normalise the murderous Occupation and cover-up the slaughter of innocent Iraqi civilians.
As Iraqis continue to suffer, the war on has receded from mainstream media headlines in order to remove people’s historical memory and to provide the Republican Party with a fictitious victory and improves John McCain’s chances of winning the presidency. In the same way the decade-long genocidal sanctions that killed 2 million innocent Iraqi civilians were normalised, journalists and media outlets in the U.S. and in occupied Iraq are promoted and paid to write “good news” stories about the ongoing Occupation.
As a result, few Americans are against the war, and most of the US population still find it acceptable to perpetuate barbarism against defenceless population. The justification and rationalisations for the application of barbaric violence have been based on U.S. euphemistic doctrines with disregard to international law and civilised norms. Despite the enormity of the atrocity in Iraq, Americans have re-elected George Bush in 2004 and continue paying $12 billion per month to propel a criminal war which is destroying an entire society.
Indeed, since World War II, the U.S. has committed unimaginable war crimes against defenceless civilian population, more than any other nation on earth. It is astonishing that a large segment of US society is proud of these horrendous war crimes, and violence continues to play an important role in the US psyche. Just take a look at how the bigoted John McCain is portrayed by the media as a “maverick” and a war “hero” (not a war criminal) and even allowed to (deceptively) distance himself from George Bush and his own Republican Party’s ideology. His incompetence in foreign policy, the economy, and his erratic character and criminal record in Vietnam and Iraq have largely been ignored in the media.
It is certain, if the Republicans are re-elected and John McCain become president, the U.S. will declare a police state and will embark on a war agenda reminiscent of Hitler’s war agenda. The Republican ideology is a Nazis’-like ideology seeking to dominate the world through violence, racism and propaganda. With thousands of U.S. troops have been deployed on U.S. streets to control the population, the people of the United States do not need more serious warnings.
The world ignores U.S. war crimes
Why is the world ignoring the U.S.-perpetuated war crimes and crimes against humanity in Iraq? The primary reasons are: Western media complicity in U.S. war crimes through disinformation and distortion of the situation on ground; and most importantly, Islamophobia. The U.S.-Zionist media play an important role in spreading anti-Muslims propaganda throughout the world, demonising Muslims and distorting Islam in order to manipulate public opinion and justify war crimes against Muslims at home and abroad. Additionally, a deep-seated and inherently widespread dehumanisation of Arabs and Muslims by Western media, the Western ruling classes and opportunist politicians encourages silence and moral bankruptcy.
Recall how in 2003 the US people and a large segment of Western population were manipulated and deceived to support an illegal war of aggression against an entirely defenceless Iraqi population. Deep silence prevailed despite it was well-known that Iraq had neither weapons of mass destruction nor any link to “terrorism”, and that the pretexts were outright lies fabricated in Washington and London. The aggression against Iraq was and still is a crime against humanity and those who supported the crimes have blood on their hands.
Pretexts used to justify the illegal war and occupation
Immediately after the pretexts to justify the invasion were exposed, the U.S. began to engineer and used countless pretexts to justify the ongoing Occupation, including the incitement of massive outbreak of violence. For instance, the U.S.-drafted “Iraqi Constitution” defines Iraqis according to their ethnicities and religious sects. It was designed to divide Iraqis and sow the seeds of hatred and division that defined Iraq today. Hence, the Occupation-generated violence is a deliberate strategy to justify the presence of U.S. troops in Iraq. It is the Bush regime’s strategy to “stay the course”. It has achieved what the U.S. regime has planned before the aggression; the destruction of Iraq’s unity and the establishment of a U.S. military foothold in Iraq.
More than five years of murderous Occupation, George Bush and his criminal accomplices remain unindicted. Moreover, the Bush regime is refusing to withdraw U.S. troops from Iraq and restore the Iraqi freedom and independence. Instead, the Bush regime is bribing and coercing members of the criminal puppet government – whose survival depends on the Occupation – to sign a deal to permanently station U.S. troops in Iraq against the will of the Iraqi people. It is now clear to everyone that the motives for the premeditated aggression and subsequent Occupation are:
The “surge” and ethnic cleansing in Iraq
Meanwhile, the propaganda for a new “victory” in Iraq is in full swing. The so-called “reduction” in violence against Iraqi civilians has much to do with the mass killing and widespread ethnic cleansing that have left less people to kill not the “surge” in troops number as the Bush’s regime alleges. According to the Pentagon Quarterly Report, Iraq has become a nation of ethnically cleansed neighbourhoods, separated by concrete walls dividing communities and preventing free movement. This so-called “neighbourhood homogenisation” has been achieved only through a U.S.-controlled reign of terror and mass murder of Iraqi civilians. Today, a large part of Baghdad’s neighbourhoods have been emptied of their original population. At least 5 million Iraqis are either internally displaced or refugees in neighbouring countries.
Other studies have also pointed out to the ethnic cleansing perpetuated by U.S. forces and U.S.-controlled death squads and militias in reducing some of the violence against Iraqi civilians and have rejected the Bush’s regime propaganda that the “surge” is responsible for the “reduction” in violence. One of these studies is the UCLA Study. While the Study found that “the surge has no observable effect”, it is also deliberately misleading. The Study suggestion that the “surge” designed “to improve the materials condition of life and create a breathing space for political compromise between major factions” in Baghdad is a falsehood. The “surge” is part of the Republicans propaganda campaign which is designed to mislead the American public and provides John McCain with something to say about a murderous Occupation. The reality is that the Occupation remains the root causes of violence and destruction in Iraq.
Furthermore, Iraqi sources reveal that conditions are worsening in the Baghdad once again ‘despite the heavy presence of Iraqi security forces and a surge in number of checkpoints’. U.S. officials say the “surge” is “success”, but they also called the situation “fragile” and “reversible”, means the Occupation will continue.
Another factor that has contributed to the “reduction” in violence is that the U.S. began paying militias, including the Kurdish militia and collaborators to collaborate and stop carrying out killings (executions) anti-Occupation civilians. Additionally, Iran role in restraining Iranian criminals and Iranian-controlled militias and encouraged them to collaborate with the Occupation must be acknowledged.
At the timing of this writing, U.S. troops killed 11 people from one family while conducting a dawn raid on a house in the Seventeen Tammuz neighbourhoods, west of Mosul. It is an established fact that the ongoing violence is controlled by U.S. forces and their collaborators. This has been the norm since 2003. Of course, every time U.S. forces perpetuated a massacre of Iraqi civilians, they cover-up their war crimes by alleging that they have killed “al-Qaeda” fighters. The phantom, which the U.S. created to justify terrorism, keeps growing wherever U.S. forces invade a foreign nation.
The unprovoked criminal invasion and subsequent Occupation of Iraq have resulted in deliberate mass killing and physical destruction of Iraq in whole or in part. Every major population centre has been targeted by a campaign of terror and indiscriminate aerial bombings using all kinds of legally banned weapons of mass destruction. At least 1.3 million innocent Iraqi civilians, mostly women and children, have been killed since 2003. While this figure is a conservative figure, it is still much higher than the Rwandan genocide.
Only the U.S. and Israel (and their allies) could get away with such unimaginable war crimes against innocent civilians and terrorism. In every country the U.S. and its allies have invaded, they brought chaos and insecurity rather than “freedom” and “democracy”, they destroyed rather than build, they brought poverty rather than prosperity, and they sowed the seeds of violence rather than seeds of peace. The ongoing atrocities in Iraq and Afghanistan are just the current examples.
According to the UN Convention on Genocide, there is an ongoing genocide in Iraq. Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group such as:
Hence, there is overwhelming evidence to charge George Bush and his willing allies and accomplices with war crimes and genocide. An indictment of Western leaders with war crimes and crimes against humanity could pave the way for a peaceful and just world and reduce the eventuality of premeditated and unprovoked war of aggression.
Finally, the Pentagon-funded propaganda campaign is a psychological warfare designed to whitewash a murderous Occupation. The only way to end the colonial Occupation of Iraq and stop the mass slaughter of innocent Iraqi civilians is the immediate withdrawal of all U.S. troops and mercenaries from Iraq.
© Copyright 2008 by AxisofLogic.com
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Tags:George W. Bush, Iraqi people, John McCain, jutifying illegal occupation, Pentagon, pro-US propaganda, UCLA study, US crimes against humanity in Iraq, US war crimes in Iraq, US-Zionist media, war crimes, Washington Post
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