Iraq grants US Special Forces ‘acceptable assurances’ on immunity

Islamic State of Iraq and the Levant (ISIL) militants taking part in a military parade in the northern city of Mosul. (AFP Photo / HO / Youtube)

Islamic State of Iraq and the Levant (ISIL) militants taking part in a military parade in the northern city of Mosul. (AFP Photo / HO / Youtube)

Washington has secured “acceptable assurances” from Iraqi authorities shielding US Special Forces from local law. The deal comes as US forces are set to begin advising the embattled Iraqi army as Sunni militants continue their surge across the country.

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The Defense Department has yet to receive in writing immunity
agreements for the troops, but “Iraq has provided acceptable
assurances” for the 300 Special Forces troops President Barack
Obama announced he would send to Iraq on Thursday, John Kirby,
the Pentagon press secretary, said in a statement.

“Many of you have asked today about the status of legal
protections for the small number of military advisors that will
be working inside Iraq,”
Kirby said.

“I can confirm for you that Iraq has provided acceptable
assurances on the issue of protections for these personnel via
the exchange of diplomatic note. Specifically, Iraq has committed
itself to providing protections for our personnel equivalent to
those provided to personnel who were in country before the
crisis. We believe these protections are adequate to the
short-term assessment and advisory mission our troops will be
performing in Iraq. With this agreement, we will be able to start
establishing the first few assessment teams.”

The agreement, which came via “diplomatic note,” will see US
advisors subject to the Uniform Code of Military Justice, and not
Iraqi law.

The issue of US troop immunity has long been a sticking point
between Washington and Baghdad. Obama ultimately decided to
withdraw all US troops and trainers from Iraq in October 2011,
after Iraqi authorities refused to sign up to a new Status of
Forces agreement granting American forces immunity from local
prosecution.

Iraqi Kurdish forces take position near Taza Khormato as they fight jihadist militants from the Islamic State of Iraq and the Levant (ISIL) positioned five kilometers away in Bashir, 20 kms south of Kirkuk, on June 23, 2014. (AFP Photo / Karim Sanib)

The US military and Secretary of Defense Chuck Hagel have since
opposed sending any special operations teams to Iraq unless a
written agreement was secured from Baghdad guaranteeing they
would not be prosecuted under Iraqi law.

But White House spokesman Josh Earnest assured reporters,
“The commander in chief would not make a decision to put our
men and women in harm’s way without getting some necessary
assurances.”

None of the Special Forces troops have arrived in Baghdad yet,
with Pentagon officials saying they would touch ground by the end
of the week. The Pentagon hopes the US trainers will be able to
provide a better intelligence assessment of radicals from the
Islamic State in Iraq and the Levant (ISIS, or ISIL), including
the type and quantity of US-made armaments which they had seized
from the Iraqi military.

Defense officials have stressed, however, that there are no plans
for them to directly engage in combat.

“They don’t have an offensive role. They’re strictly there as
advisers. So they should not, as a matter of routine, come into
direct contact with the enemy,”
Pentagon spokesman Army Col.
Steve Warren said on Monday.

Tough choices ahead

The ongoing offensive by the ISIS is being done with the aim of
achieving total dominance in Iraq by radical Sunni militants. On
June 22, jihadists captured three new towns and two border
crossings, one with Jordan and one with Syria.

On Monday, Earnest expressed the White House’s concerns regarding
the security situation amid the successful ISIS offensive.

He stressed, however, that this was a “problem that’s going
to be solved politically, and it’s going to require some very
difficult choices to be made by Iraq’s political leaders.”

In an effort to kick start that political solution, US Secretary
of State John Kerry made a surprise stopover in Baghdad on
Monday. Kerry spoke at length with Iraqi Prime Minister Nouri
al-Maliki, Iraq’s foreign minister as well as Shiite and Sunni
leaders.

U.S. Secretary of State John Kerry (L) arrives in Arbil, the capital of northern Iraq's Kurdistan autonomous region, June 24, 2014.(Reuters / Brendan Smialowski / Pool)

In a separate diplomatic victory for the Obama administration,
Kerry announced that Iraqi Prime Minister Nouri al-Maliki had
agreed to begin the process of forming a new national government
by July 1.

“The key today was to get from each of the government leaders
clarity with respect to the road forward in terms of government
formation,”
Kerry said.

It is believed the White House would favor a new leader over the
Shiite Maliki, who has alienated Sunnis and Kurds by purging
moderate members of the opposition from his government.

“When all of Iraq’s people can shape Iraq’s future, when the
legitimate concerns and aspirations of all of Iraq’s communities
— Sunni, Shiite, Kurd — are all respected, that is when Iraq is
strongest,”
Kerry said.

“And that is when Iraq will be the most secure,” he
added.

On Tuesday, Kerry held additional crisis talks with leaders of
Iraq’s autonomous Kurdish region in a bid to get them to support
Baghdad against Sunni insurgents.

“We are facing a new reality and a new Iraq,” Reuters
cites Kurdish President Massoud Barzani as saying at the start of
his meeting with Kerry. Barzani blamed Maliki’s “wrong
policies”
for the bloodshed and called on him to step down,
saying it was “very difficult” to imagine Iraq staying
together.

Iraqi Kurds have ruled themselves in relative peace since the US
invasion that toppled Saddam Hussein in 2003. Having long sought
their own independent state, they have used the recent violence
to expand their own territory, taking control of rich oil
deposits.

Meanwhile, more than 1,000 people were killed in Iraq between
June 5 and 22, the UN human rights team in Iraq said. The UN team
said at least 757 civilians had been killed and 599 injured in
Nineveh, Diyala and Salah al-Din provinces during that period.
Another 318 people were killed and 590 injured during the same
time in Baghdad and areas in southern Iraq.

Spokesman Rupert Colville told reporters onTuesday in Geneva that
the figure “should be viewed very much as a minimum.”

Read More: Kerry: US ‘not responsible’ for crisis in Iraq,
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Iraq grants US Special Forces ‘acceptable assurances’ on immunity
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