The Status of Force Agreement (SOFA) the U.S. negotiates with Iraq seems to be dead. As Leila Fadel reports from Baghdad:
Time’s running out for reaching a security agreement with the U.S., and an accord is unlikely before the end of this year, Iraq’s Sunni Muslim vice president said Monday.
The United Nations mandate that authorizes the U.S. military presence in Iraq will expire on Dec. 31 and without a so-called status of forces agreement, it’s questionable whether the U.S. will have a legitimate right to maintain its troops in Iraq, Vice President Tariq al Hashimi told McClatchy.
Maliki tells the London Times that British troops are no longer needed in Iraq. But he seems to be more optimistic on the SOFA than al Hashimi:
Mr al-Maliki hopes that the pact with the US will be approved by the end of the year. Failure to do so would force him to ask the UN to extend its mandate for all foreign troops to stay in Iraq.
But if Maliki really wants a SOFA why has he changed the approval process?
Maliki’s government turned the political procedures around, instead of passing the final document to the Presidential Council to approve the final document and then passing it to the parliament, a political decision issued today that the parliament should approves the final document before passing it to the Presidential Council.
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Turning this process around means more delay since the parliament is divided on SOFA’s approval and that can takes months before the parl. Members can reach “something” and all that time SOFA is still on halt and invalid. This allows Maliki to buy more time.
That decision was probably made on urging by Grand Ayatollah Ali Sistani, whom Maliki visited last week.
The U.S. is looking into alternatives:
One possibility is an extension of the United Nations mandate that expires at the end of the year. That would require a Security Council vote that both governments believe could be complicated by Russia or others opposed to the U.S.-led war. Another alternative would amount to a simple handshake agreement between Iraqi Prime Minister Nouri al-Maliki and President Bush to leave things as they are until a new deal, under a new U.S. administration, can be negotiated.
I doubt that Maliki will agree to a simple handshake on this, or that the U.S. could accept the legal insecurity that would come with it. The path through the UN is not without problems as it would continue to restrict Iraq’s sovereignty. If that path fails too, there is a third alternative Maliki tells the Times:
"If that happens, according to the international law, Iraqi law and American law, the US forces will be confined to their bases and have to withdraw from Iraq."
My hunch is that this last alternative is exactly what Maliki wants.
How will the U.S. react to it?