Immunity a sticking point in US-Iraq security pact: report

Baghdad: Iraq and the United States are still far apart on the issue of immunity for American troops, according to a draft security agreement between the two countries published by an Iraqi paper on Monday.

The 27-point agreement will decide the future of American forces in Iraq but immunity for the soldiers and who has jurisdiction over them is the main stumbling block between Washington and Baghdad.

According to the Arabic-language text published by Al-Iraq newspaper, Iraq has proposed that "the United States have jurisdiction over its civilians and soldiers inside their bases and in areas used by them exclusively."

The Iraqi proposal also provides for US jurisdiction over its citizens both civilian and military when they are on assignment "unless they commit grave and deliberate mistakes."

The main stumbling block, according to Al-Iraq, is that the Americans demand "to have jurisdiction everywhere over their citizens, both civilians and military who work for the armed forces."

Iraq, on the other hand, has proposed that its courts, backed by a joint Iraqi-US committee, look into "deliberate crimes or grave mistakes" that take place.

The United States will examine this proposal, according to the draft agreement published by Al-Iraq.

The text also states that Iraq will have jurisdiction over employees of private security companies such as Blackwater found guilty of crimes or misdemeanours.

An Iraqi official quoted by the website of The Los Angeles Times on Saturday said that if US troops retain immunity, the deal would never be approved by the Iraqi parliament.

Neither US officials nor Iraq's national security advisor Muwaffaq al-Rubaie would comment on the draft published by Al-Iraq.

Rubaie said it was a "very sensitive" issue.

The text published by the paper also states that any Iraqi detained by US-led coalition forces will be handed over to the Iraqi authorities within 24 hours.

But disagreement persists over the fate of coalition troops held by Iraq.

The United States wants Iraq to hand over coalition soldiers "immediately" while Iraq says they should be transferred within 24 hours.

US President George W. Bush and Iraqi Prime Minister Nuri al-Maliki agreed in principle last November to sign a Status of Forces Agreement (SOFA) in Iraq by the end of July, but controversy has delayed it.

The proposed pact will decide the future presence of American forces in Iraq after the December 31 expiry of the UN mandate, which currently acts as the legal basis for their presence in the country.

American troops will begin withdrawal from Iraqi cities in June 2009, but the draft gives no final date for the complete withdrawal of US troops, which Iraqi negotiators have told AFP will be by the end of 2011.