Can US soldiers be tried in Iraqi courts?

[alphaboi867]

Does the US have an agreement with the Iraqi government protecting military personal from prosection in Iraqi courts? What about civilians? And do all embassy staff have diplomatic imunity?

[David_Simmons]

@alphaboi867

Does the US have an agreement with the Iraqi government protecting military personal from prosection in Iraqi courts? What about civilians? And do all embassy staff have diplomatic imunity?

This is the latest I could find on Google. It’s dated 3 Feb. 2005.

The January 14, 2004, memo titled “Status of Forces Agreement with the United States,” prepared by the law firm of Shea & Gardner for the Iraqi Governing Council, recommends Iraq grant the American military “broad latitude” for a brief duration with a clause to reassess the terms in light of the future security situation. It also puts forth America’s postwar agreement with Japan as a model for the one that will be signed between the U.S. and Iraq. Japanese jurisdiction over American forces that have committed crimes in Okinawa has been a source of strain in America’s relationship with Japan in recent years.

The document says that Washington “insists on retaining primary jurisdiction” over criminal offenses American forces commit in “carrying out their official duties,” an issue that is likely to be a top concern to the new government in light of the prisoner abuse scandal at Abu Ghraib. It also says many details of these kinds of arrangements are often hammered out in joint implementation committees and left out of formal agreements.

US troops might just have lurched into a way for us to get out of Iraq. :rolleyes: :dubious: :mad:

[A.R.Cane]

Under the Coalition Provisional Authority (CPA), Art. 17 of the agreement gave immunity to U.S. Forces in Iraq. The CPA was disolved on 1 July 2004 when the Iraqi interim gov’t. took over. Bremer extended Art. 17 before he left, but I don’t know if the U.S. has negotiated a Status of Forces Agreement, w/ the Iraqi Gov’t. since then.
From a practical point of view I can’t imagine the U.S. allowing any U.S. military people being tried in an Iraqi court, but the legalities may be a point of contention if no SoFA is in place and we’re still relying on Art. 17. As to civilians, working under contract to the U.S., I believe they are covered under the same circumstances.
Embassy personnel would fall under diplomatic agreement, which I assume is in place.