US/IRAQ: The United States will extend immunity from Iraqi prosecution for US and other foreign troops and personnel in Iraq beyond the handover of power next Wednesday, officials said yesterday.
Defense officials confirmed that US administrator, Mr Paul Bremer, was expected to renew an immunity order in place throughout the occupation, extending it until the election of a new Iraqi government late this year or in early 2005.
White House spokesman Mr Scott McClellan said there was agreement in principle with Iraqi leaders on the issue and details were being worked out. "The coalition will make sure our troops have the proper immunity."
The move, first reported in the the Washington Post, will bypass one of the most contentions remaining issues before power is transferred to Iraq's interim government next week.
The issue of immunity for American troops is especially contentious in the wake of a scandal over the abuse and sexual humiliation of Iraqi prisoners by US forces that has infuriated many in the Arab world. Some troops have already been charged by the US military. There are about 140,000 US troops in Iraq and nearly 25,000 from other countries in the American-led security coalition. They will remain indefinitely after the handover to try to cope with a fierce insurgency.
"We don't expect this to be an issue," Defense Department spokesman, Mr Bryan Whitman, said of the planned extension of "Order 17" until a Baghdad government is elected.
The order gives all foreign personnel in the US-led Coalition Provisional Authority immunity from local courts and any form of arrest or detention other than by persons acting on behalf of their parent states.
US army Gen George Casey, who will become the new top multinational military commander in Iraq next week, told the Senate Armed Services Committee yesterday that Mr Bremer had modified the order and would complete negotiations on its final wording before the handover.
The Post, quoting US officials, said the administration was acting to prevent the new Iraqi interim government from having to grant a blanket waiver as one of its first acts, which could undermine its credibility as it assumes power.
The United States on Wednesday withdrew its proposed UN resolution to shield American soldiers abroad from prosecution at the International Criminal Court because of strong opposition fueled by the prisoner abuse scandal. The United States in the past had threatened to shut down UN peacekeeping missions and in 2002 actually vetoed one when the council hesitated in approving the resolution.
"We will have to examine each of these missions case by case," State Department spokesman, Mr Richard Boucher, said in Washington. "We will have to look at it in terms of staffing, providing Americans to participate in peacekeeping missions, what the risk might be of prosecution by a court to which we're not party."
Mr James Cunningham, the US deputy ambassador, who announced the US decision, would not comment on future US actions. He said officials would "take into account" the lack of a resolution "when determining contributions to UN authorised or established operations".
At the same time diplomats said the United States might have difficulties curtailing UN missions at a time it was seeking troops to help in Iraq and had a strong interest in operations in Liberia, Haiti and a future venture in Sudan.
UN Secretary-General Kofi Annan helped harden positions in the council by telling members last week to oppose the resolution, saying it sent an "unfortunate signal any time - but particularly at this time."