The logistical headaches facing the United States as it prepares to bring home the majority of the 40,000 or so troops still left in Iraq by the start of 2012 were compounded last week when Iraq's political leaders agreed to allow some US military trainers to stay in the country past the withdrawal date but declared that any remaining troops should not be granted immunity from Iraqi law.
Under Article 12 of the 2008 bilateral 'status of forces agreement' (SOFA) between the US and Iraq, "Iraq shall have the primary right to exercise jurisdiction" over US forces, but only in cases of "grave premeditated felonies" and only when "such crimes are committed outside agreed facilities and areas and outside duty status."
In cases which fall outside the definitions of the SOFA, US troops accused of crimes within Iraq have been tried and punished by US military courts back on home soil. No US troops have been tried by the Iraqi justice system despite a number of cases allegedly falling within the definitions of the SOFA in regard to crimes punishable by Iraqi courts.
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Implications for foreign deployments
Bildunterschrift: Großansicht des Bildes mit der Bildunterschrift: The lack of immunity could effect future US deployments
The Iraqi decision to remove immunity for US troops in Iraq may have more far-reaching consequences than the US deciding against leaving any troops behind. The potential knock-on effects for US troops on foreign deployments around the world could shape Washington's future approach to defense engagements outside of the United States.
If other countries withdraw immunity clauses from 'state of forces' agreements with the United States, Washington's reluctance to keep its forces in that country - or even deploy them there in the first place - would restrict the US military's reach. The US would be forced to think twice about putting its soldiers at the mercy of another country's law in time of war.
http://www.dw-world.de/dw/article/0,,15472508,00.html