Agreement on SOFA crucial for stability

The US is trying to withdraw its troops from Iraq in an orderly manner, and the Iraqi government still needs the Americans for a short time, but it also knows that the continuing presence of the American troops in Iraq acts as a magnet to any insurgency.

The withdrawal is based around the Status of Forces Agreement (SOFA), which will determine the future status of US troops in Iraq. SOFA is not yet final, although Iraq's Foreign Minister Hoshiyar Zebari has said that a "final" text has to be reviewed by political leaders. The Washington Post has also reported that the agreement "is not yet final".

What is delaying things? The purely military handover has become more straightforward since the reduction of violence following the surge in numbers of US troops. But the Iraqis have correctly baulked at the American insistence that US troops will not be subject to Iraqi law, and will have immunity from prosecution in the event of crimes committed in Iraq.

This arrogant insistence of extra-territoriality by the United States is a recurring theme in its foreign policy. Its insistence that its troops are above the law anywhere in the world has stopped it from joining several major multilateral projects, such as the International Court of Justice. What should happen in Iraq is simple. US troops should be under US military law, but if they step outside normal military procedures and commit crimes, they should be subject to Iraqi law. The Iraqi government has a totally natural hesitation to accept any legal undertaking on the conduct of its troops from the government that condoned torture in Abu Ghraib prison, and continues to allow the legal cesspit of Guantanamo to continue. It should be able to try criminals in its own courts.