The Iraqi Parliament has passed a US-backed security agreement and a Status of Forces Agreement (SOFA), which calls for the removal of all US troops from Iraq by December 31, 2011. The agreement also calls for the removal of US Forces from all Iraqi cities, towns, and villages no later than this June. Before this date, all US Forces must be relocated to US Military facilities located outside of Iraqi cities, towns, and villages, where they will continue to provide training to Iraqi security forces, and be available for support and assistance upon request from the Iraqi government.
Article 24 of the SOFA states:
Recognizing the performance and increasing capacity ofthe Iraqi Security Forces, the assumption of full security responsibility by those Forces, and based upon the strong relationship between the Parties, an agreement on the following has been reached:
1. All the United States Forces shall withdraw from all Iraqi territory no later than December 31, 2011.
2. All United States combat forces shall withdraw from Iraqi cities, villages, and localities no later than the time at which Iraqi Security Forces assume full responsibility for security in an Iraqi province, provided that such withdrawal is completed no later than June 30, 2009.
3. United States combat forces withdrawn pursuant to paragraph 2 above shall be stationed in the agreed facilities and areas outside cities, villages, and localities to be designated by the JMOCC before the date established in paragraph 2 above.
4. The United States recognizes the sovereign right of the Government of Iraq to request the departure of the United States Forces from Iraq at any time. The Government of Iraq recognizes the sovereign right of the United States to withdraw the United States Forces from Iraq at any time.
5. The Parties agree to establish mechanisms and arrangements to reduce the number of the United States Forces during the periods of time that have been determined, and they shall agree on the locations where the United States Forces will be present.
The new agreement also provides for legal jurisdiction over US troops, DOD civilian employees, and US civilian contractors. The Iraqis now have primary jurisdiction over US civilian contractors who break Iraqi laws. US troops remain subject to UCMJ jurisdiction, although the Iraqi government can claim primary jurisdiction for US Military personnel who commit "grave premeditated felonies" when off duty and off base.
The applicable portions of the SOFA, under Article 12, reads:
I. Iraq shall have the primary right to exercise jurisdiction over members of the United States Forces and of the civilian component for the grave premeditated felonies enumerated pursuant to paragraph 8, when such crimes are committed outside agreed facilities and areas and outside duty status.
2. Iraq shall have the primary right to exercise jurisdiction over United States contractors and United States contractor employees.
3. The United States shall have the primary right to exercise jurisdiction over members ofthe United States Forces and of the civilian component for matters arising inside agreed facilities and areas; during duty status outside agreed facilities and areas; and in circumstances not covered by paragraph 1
