Thursday, June 19, 2008

SOFA - the Veto power and Immunity of Foreign Contractors

Iraq is insisting on the right to veto any US military operations throughout its territory under a "status of forces" agreement currently being negotiated between Baghdad and Washington, according to a senior member of the Iraqi government.

The agreement will last for a maximum of two years and can be terminated by either side with six months' notice, Hussain al-Shahristani, Iraq's oil minister, told the Guardian yesterday.

His remarks come amid intensive closed-door negotiations between the Iraqi and US governments which have led to complaints in the US Congress as well as Iraq that the Bush administration is tying the next US president's hands by seeking to maintain long-term bases in Iraq for possible attacks on Iran and other neighbouring states.

But Shahristani insisted yesterday: "Neither the constitution nor our people will allow any violation of our sovereignty. Obviously foreign troops on Iraqi soil carrying out operations without the prior consent and approval of the elected government is a violation.

"Any arrests, any operations internally or externally against our neighbours without prior agreement of the Iraqi government will be considered a violation ... Land and sea movements and air space is all part of Iraq's sovereignty."

The US has accepted that foreign contractors in Iraq will no longer have immunity from Iraqi law under a new security agreement now under negotiation, says the Iraqi Foreign Minister, Hoshyar Zebari.

Mr Zebari, speaking to The Independent in Washington, said that if there was a further incident like the one in which 17 Iraqis were killed by workers from the Blackwater security company in Baghdad last September, the Iraqis would arrest and punish the contractors held responsible.

The American concession would have a serious effect in Iraq, where there are an estimated 160,000 foreign contractors, many of them heavily armed security personnel. The contractors, who outnumber the 145,000-strong US Army in the country, have become a vital if much-resented part of the military machine in Iraq.

Reported here and here.

While, four Western oil companies — Exxon Mobil, Shell, Total, and BP — are in the final stages of “talks with Iraq’s Oil Ministry for no-bid contracts to service Iraq’s largest fields.” The New York Times writes:

The no-bid contracts are unusual for the industry, and the offers prevailed over others by more than 40 companies, including companies in Russia, China and India […]

There was suspicion among many in the Arab world and among parts of the American public that the United States had gone to war in Iraq precisely to secure the oil wealth these contracts seek to extract. The Bush administration has said that the war was necessary to combat terrorism. It is not clear what role the United States played in awarding the contracts; there are still American advisers to Iraq’s Oil Ministry.

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