Bloomberg reports that Iraqi and U.S. negotiators have reached agreement on the status of forces in Iraq.
Oct. 17 (Bloomberg) -- Iraqi and U.S. negotiators have agreed on "aspirational'' timelines for the presence of American forces in that country along with legal rules for the military personnel, a Pentagon official said.
Geoff Morrell, a spokesman for Defense Secretary Robert Gates, said the accord would allow for decisions on troop withdrawals to be based on security conditions.
Morrell wouldn't confirm that the draft would require U.S. forces to leave by 2011 unless Iraqi officials asked them to stay longer. Iraqi Foreign Minister Hoshyar Zebari said Sept. 14 that a major withdrawal of U.S. troops is expected by 2011.
While declining to reveal details of the draft agreement, which he said wasn't yet final, Morrell said Gates believes it would safeguard U.S. forces in Iraq.
The language of the agreement is being reviewed by senior officials in both countries and Gates has begun briefing key U.S. lawmakers on it, Morrell said.
The deal is subject to approval by the Iraqi parliament but there has been some question as to whether it needs congressional approval.
Some members of Congress have argued the Bush administration will need to send the Iraq SOFA to Congress for ratification, but White House officials have resisted. Michael J. Matheson, a professor of law at George Washington University, told lawmakers in February 2008 that if a SOFA is "limited to giving U.S. forces and personnel exemption from foreign law, the president may conclude it without further congressional approval." But Yale Law School professors Bruce Ackerman and Oona Hathaway argue the agreement being negotiated "moves far beyond" traditional accords—such as proposed exemptions for civilian contractors—and should therefore be subject to congressional review (WashPost).
The Bush administration has undoubtedly structured the agreement in such a way that congress gets no chance to block it, as the Bloomberg story would seem to confirm.
The phone calls were made in fulfillment of a pledge to consult with lawmakers before the agreement is completed, Morrell said.
The Bush administration doesn't plan to submit the agreement for a formal vote in Congress. It will be submitted to the Iraqi parliament for approval, after first being reviewed by the Council of Ministers, Morrell said.
A finalized agreement would be an Iraqi repudiation of Obama's lobbying efforts to delay it.
So the Iraqi parliament gets to vote on the agreement but the American Congress does not? That seems pretty wildly unfair.
Posted by: Fritz | October 17, 2008 at 12:35 PM
I'm not a lawyer so I don't speak with any authority on this, but I don't think the S.O.F.A. is a treaty. As I understand it, S.O.F.A. only pertains to the legal status of U.S. troops in Iraq, so Bush as Commander-in-Chief of the armed forces has authority to enter into it without the need for ratification by congress.
It was only recently that I learned that treaties take precedence over the U.S. constitution as regards laws that we American citizens are subject to. That explains why people get all worked up about U.N. treaties that propose an international criminal court. It's also another good reason why congress has to ratify treaties.
Posted by: Tom Bowler | October 17, 2008 at 02:47 PM