|
(詳細はstatus of forces agreement (SOFA) between Iraq and the United States, signed by President George W. Bush in 2008. It established that U.S. combat forces would withdraw from Iraqi cities by June 30, 2009, and all U.S. combat forces will be completely out of Iraq by December 31, 2011.〔 The pact required criminal charges for holding prisoners over 24 hours, and required a warrant for searches of homes and buildings that were not related to combat.〔(Status of Forces Agreement )〕 U.S. contractors working for U.S. forces would have been subject to Iraqi criminal law, while contractors working for the State Department and other U.S. agencies would retain their immunity. If U.S. forces committed still undecided "major premeditated felonies" while off-duty and off-base, they would have been subjected to an undecided procedures laid out by a joint U.S.-Iraq committee if the U.S. certified the forces were off-duty.〔 On the other hand, Iraq had primary legal jurisdiction over off-duty soldiers and civilians who committed "major and premeditated crimes" outside of U.S. installations. These major crimes would have needed to be defined by a joint committee and the United States retained the right to determine whether or not its personnel were on- or off-duty. Iraq also maintained primary legal jurisdiction over contractors (and their employees) that had contracts with the United States.(''Arms Control Center'': How Comfortable is the U.S.-Iraq SOFA? )〕〔 Committees assigned to deal with U.S.-led combat operations and jurisdiction over U.S. military personnel were among those that have not met even as Iraq moved toward sovereignty, U.S. Army Gen. Ray Odierno told reporters.(''Los Angeles Times'': In Iraq, transfer-of-power committees have yet to take shape )〕〔(Status of Forces Agreement (Unofficial Translation) )〕〔Rubin, A. (November 27, 2008) ("Iraqi Parliament approves security pact" ) ''International Herald Tribune''〕 The agreement expired at midnight on December 31, 2011, even though the United States completed its final withdrawal of troops from Iraq on December 16, 2011. The symbolic ceremony in Baghdad officially "cased" (retired) the flag of U.S. forces in Iraq, according to army tradition. The Iraqi government also approved a Strategic Framework Agreement with the United States,〔(White House: Strategic Framework Agreement )〕 aimed at ensuring international cooperation including minority ethnicity, gender, and belief interests and other constitutional rights; threat deterrence; exchange students; education;〔(English Language Teaching and Learning Program ) (US State Dept.)〕 and cooperation in the areas of energy development, environmental hygiene, health care, information technology, communications, and law enforcement.〔Karadsheh, J. (November 27, 2008) ("Iraq parliament OKs pact on U.S. troops' future" ) ''CNN''〕 Several groups of Iraqis protested the passing of the SOFA accord〔〔〔 as prolonging and legitimizing the occupation, and Grand Ayatollah Ali Husseini al-Sistani expressed concerns with the ratified version.〔"(Iraqi people will judge on U.S. pact )", ''Al Jazeera''.〕〔(''Washington Post'': Top Shiite Cleric in Iraq Raises Concerns About Security Pact )〕 Some other Iraqis expressed skepticism that the U.S. would completely end its presence by 2011.〔 U.S. Secretary of Defense Robert Gates had predicted that after 2011 he would have expected to see "perhaps several tens of thousands of American troops" as part of a residual force in Iraq.〔 Some Americans had discussed "loopholes"〔 and some Iraqis had said they believed parts of the pact remained a "mystery".〔 ==Negotiations== American-led Coalition forces participating in the 2003 invasion of Iraq were initially subject to the exclusive jurisdiction of their parent states. After the handover of sovereign power to an Iraqi administration, Coalition forces in Iraq were nominally subject to Iraqi jurisdiction, and operated without any Status of Forces Agreement. In theory, Iraqi Courts had the right to try Coalition forces for any alleged offenses, though this right was never exercised. In an interview January 24, 2008, US Defense Secretary Robert Gates indicated that work on a SOFA had barely been started. 〔 〕 On June 13, 2008, Iraqi Prime Minister Nuri al-Maliki said that negotiations with the United States on a long-term security pact were deadlocked because of concern the deal infringes Iraqi sovereignty. "We have reached an impasse because when we opened these negotiations we did not realize that the U.S. demands would so deeply affect Iraqi sovereignty and this is something we can never accept", he said in Amman, Jordan. "We cannot allow U..S forces to have the right to jail Iraqis or assume, alone, the responsibility of fighting against terrorism", Maliki told Jordanian newspaper editors, according to a journalist present at the meeting. On July 1, 2008, Zebari said he briefed members of the Iraqi Parliament that U.S. contractors would no longer have immunity from Iraqi prosecution under negotiated terms of the long-term security pact. U.S. State Department officials could not be immediately reached for comment, but Iraqi member of parliament Mahmoud Othman said he attended the meeting and that Iraqi representatives were very pleased with the immunity agreement. On July 8, 2008, Grand Ayatollah Ali al-Sistani rejected the proposed agreement on the basis that it violates Iraqi sovereignty, following a meeting with Iraq National Security Advisor Mowaffak al-Rubaie. Rubaie, clarifying remarks by Maliki on July 7 that Iraq would accept a memorandum of understanding in lieu of a SOFA, stated "We will not accept any memorandum of understanding if it does not give a specific date for a complete withdrawal of foreign troops". Deputy speaker Khaled al-Attiyah also said on July 8 that the Iraqi parliament would insist on vetting any agreement with the United States and would likely veto the agreement if American troops were immune from Iraqi law: "Without doubt, if the two sides reach an agreement, this is between two countries, and according to the Iraqi constitution a national agreement must be agreed by parliament by a majority of two thirds". On October 16, 2008, after several more months of negotiations, U.S. Secretary of Defense Robert Gates and Secretary of State Condoleezza Rice briefed senior U.S. lawmakers on the draft SOFA, and Iraqi Prime Minister Maliki prepared to circulate it with Iraq's Political National Security Council before going on to the Council of Ministers and the Iraqi parliament. Despite a compromise on the issue of jurisdiction over off-duty U.S. troops who commit crimes under Iraqi law, issues related to the timeline for U.S. withdrawal and Iraqi insistence on "absolute sovereignty" remained. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「U.S.–Iraq Status of Forces Agreement」の詳細全文を読む スポンサード リンク
|