At dawn a US raid hit the village of Kut in Wassit governate in Iraq. During the raid, a man (reportedly a local policeman) and his sister-in-law were killed by US forces.
Witness Nidhal Abdul Munem, the sister of the man killed in the raid, choked back tears as she recounted her story.
"They invaded our house, shot my brother and my sister-in-law and herded us into one area. All the while, we tried to ask, ‘Why are you doing this?’" she said.
Four (or six, reports are contradictory on this) others were arrested including the local police chief and a local clan elder. The policeman killed was apparently the brother of the arrested clan leader Ahmed Abdul Muneim al-Bdeir and the woman was al-Bdeir’s wife. The US forces’ statement on the killings include the following blame the victim line:
The military said a woman was in the area during an exchange of gunfire with one of the suspects and "stepped into the line of fire."
And used justifications we have heard before:
It said those detained were suspected of aiding so-called "special groups" — Shiite militia factions that were once part of the Mahdi Army of anti-American cleric Moqtada al-Sadr — and another faction known as the Promise Day Brigades created by al-Sadr.
Washington says the special groups are backed by Iran. Tehran denies the charges.
This would all be so sadly familiar but today’s raid raises a new issue – the SOFA requires that all US military operations be conducted with the agreement of the Iraqi government and "‘fully coordinated’ with Iraqi authorities” and both the local and national Iraqi government say this raid was not.
Protests by the Wassit council apparently led to the eventual release of the men arrested – and following the usual pattern, an American commander has now apologized for the deaths:
Um Amar said top American military officials visited her home Sunday afternoon to offer an apology and return cash and cell phones that soldiers confiscated during the raid.
"They said it was a mistake," she said, bawling during a telephone interview. "But they couldn’t return those who died back to us."
… but the Iraqi government is demanding more – in fact, Prime Minister al Maliki is calling for the US command to hand over those responsible for prosecution in Iraqi’s courts.
The Straits Times says this raid “marks the most serious test of the security pact so far” and the response from the US forces is being watched very carefully to see if we have any intention of living up to the terms of the SOFA agreement.
As Cernig notes over at Newshoggers:
It’s been clear for a while now that U.S. military commanders regard the Iraq/US security deal – the so-called SOFA agreement – as an inconvenience which they’re willing to parse and weasel-word their way around. Even General Odierno has often spoken in terms of the SOFA being ignorable, until reined in by SecDef Gates – and since then has said the SOFA is renegotiable. The Iraqi government, by contrast, appears to want their allies to stick to both letter and spirit of what they regard as the full and final agreement. Unless the Obama administration exerts far more control over the military there will be more incidents like this, opening a credibility gap which will by itself do more to create violence than sticking to the agreement ever would.



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Good evening Siun. I wonder who (U.S. general?) ordered this breach of our agreement.I hope it’s the commander who we hand over, not just another lowly group of soldiers.
Interesting Eureka … there’s no word who was in charge, the local commander went and made the apology.
BBC’s article seemingly mentions nothing beyond what you covered. But the little map of the area involved made me look at other Iraqi oil pipeline maps. Doesn’t seem to be an issue.
And who could possibly trust the likes of Odierno when it comes to not stirring up a hornets nest? (Iraqi or Iranian)
Are we occupiers, or are we trainers and assistants? This episode will tell.
well, given that SOS Clinton is assuring the Iraqis that we’ll stay if needed, having us “needed” does seem to be close to what Odierno wants, eh?
Precisely Teddy … quite a test.
I would be completely SHOCKED if we hand anyone over. At most the responsible parties will face a U.S. court martial. Obama would rather break the SOFA than face the political repercussions at home if he turns U.S. soldiers over to Iraqi authorities.
If Obama makes Odierno hand American soldiers over to Iraqi courts, well — Sean Hannity is going to have quite a day, that’s all I can say. Quite a day.
Best if Obama and General Odierno part ways.
Me too. However we either have an agreement or we don’t.
A compromise will be negotiated with the Iraqis, probably involving a large financial settlement in exchange for U.S. jurisprudence in the matter.
I had the chance to hear the former Iraqi ambassador to the U.N. speak last weekend. He was also one of what he said was a small group of people who drew up the new Iraqi constitution. fwiw, he said that they botched that job pretty severely.
He also described the Iraqi legal system. Apparently, the civil courts are pretty good, but the criminal courts – not at all. The judge(s) sit as advocates for the victims. The lawyers’ job is to sit quietly while the judges conduct their investigation, although they can make closing argumjent. Judges are not confined to consideration of criminal activity as submitted – anything they find is fair gme, and can be puhed to conviction, even if it was never originally charged.
In the end, I still had many questions as to the extent that the defendant can in fact defend – I didn’t hear about any right to cross-examine, to produce witnesses on behalf of the witness, etc.
Siun, have you any particular concerns as new Iraq / congressional budgeting considerations approach?
‘evening, all-
Not going to happen. If Obama does that, he might as well quit now.
I wouldn’t want Americans tried in Iraqi courts. Would much prefer that if raids are deemed necessary, they be carried out by Iraqi forces.
Exactly-the problem with that is the same problem the US faced fighting alongside the ARVN in Vietnam. The Iraqi Army is so thoroughly infiltrated by the militias that they can’t operate by surprise. A small wager that operational security is the reason the Americans did this raid on their own.
The bottom line is that we negotiated an agreement which includes Iraqi control over crimes in their own country – this is a key part of sovereignty. If we don’t want Americans tried in the sovereign courts of Iraq, then perhaps Americans should not be in Iraq – and definitely should not commit crimes in Iraq.
Concerns? Another supplemental and continued occupation – and escalation in Afghanistan.
We still have not learned.
But it’s all ok now.. Dems are in charge. We are the nice polite occupiers. /s
When the hell are we just going to get out of there instead of continuing this ongoing John Wayne/Clint Eastwood crap? We don’t belong there, never did, and have caused more death and heartache to those people than ten Saddam’s. We’ve installed a puppet government and claim the “surge” has made everything better, primarily to make us feel better about the whole abomination. Does anyone doubt the whole place will erupt when we finally do leave, and that it therefor really doesn’t matter when we leave? Can’t we step back and see that this whole thing was started by two cowards, Bush and Cheney, who did everything in their power to avoid the draft when they were eligible for it? But have no problem sending others to risk their necks for their sick and twisted definition of reality? Enough!
Since common sense apparently does not enter the equation I’d at least hoped one positive result of the economic crisis would be to rein in some of our leaders’ military ambitions. Never seems to work out that way, though.
Just wait till we see the bill for Afghanistan and Pakistan … seems we always can find enough money for some things.
ya’know, I just find it so depressing that week after week our military runs these night raids, shooting innocent folks in their beds or as they run away from the fighting or … and after the apologies and claims of better planning, etc … do it all over again.
And then we are surprised that we torture? we murder civilians with impunity on a regular basis and barely notice.
Agreed, this disconnect never ceases to amaze me. I mean… even a deer requires headlights.
I agree…the right wing would have a field day…although this WAS a Bush-Odierno-Petraeus-al Maliki Agreement. Then again, some General said a while back that the agreement was simply a necessary expedient for permanent occupation.
However, it really does show Obama the dangers of belatedly lingering in Iraq and using US troops for combat operations.
On the flip side al-Maliki is apparently backtracking on reconciliation with the Sunni…by expelling “former Baathists” from the government and otherwise marginalising them. This is largely viewed as a “pre-election” gambit to assuage members within the Shiite factions.
Well the certainly had “operational surprise”…but maybe if they had informed the Iraqis they would have told the US Forces “Hold on! These are not who you think they are!”
This is a SNAFU of the worst kind.
Find out who screwed up.
Kick ass(es), er Court martial.
Full government to government apology.
Ask them if they would like us to leave sooner.
The soldiers had to know something wasn’t right since full coordination with Iraqis obviously wasn’t happening. It wasn’t, was it? Stupid stupid stupid.
” In Baghdad, however, there are no plans to close the Camp Victory base complex, consisting of five bases housing more than 20,000 soldiers, many of them combat troops. Although Victory is only a 15 minute drive from the center of Baghdad and sprawls over both sides of the city’s boundary, Iraqi officials say they have agreed to consider it outside the city.
In addition, Forward Operating Base Falcon, which can hold 5,000 combat troops, will also remain after June 30. It is just within Baghdad’s southern city limits. Again, Iraqi officials have classified it as effectively outside Baghdad, so no exception to the agreement needs to be granted, in their view.
Combat troops with the Seventh Field Artillery Regiment will remain in the heart of Baghdad at Camp Prosperity, located near the new American Embassy compound in the Green Zone. In addition to providing a quick reaction force, guarding the embassy and noncombat troops from attack, those soldiers will also continue to support Iraqi troops who are now in nominal charge of maintaining security in the Green Zone. “
http://www.nytimes.com/2009/04…..aw.html?hp
Getting to this very late — nevertheless …
Many of you seem to be operating under a fundamental misunderstanding of what the provisions of the SOFA are:
Any member of the American armed forces who:
1. Commits a serious crime off duty.
2. Commits that crime outside of the confines of their base.
Is to be handed over to the competent legal authorities upon their request in due form.
The circumstances here do not even remotely fall within the ambit of the Iraki authorities, and Maliki knows it. He is grandstanding and nothing more.
du