U.S. Immunity in Iraq to Extend Past Handover

WASHINGTON The United States will extend immunity from Iraqi prosecution for U.S. and other foreign troops and personnel in Iraq beyond the handover of power next Wednesday, officials said on Thursday.

Defense officials confirmed that U.S. administrator 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 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," he said. The move, first reported in 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 U.S. forces that has infuriated many in the Arab world. Some troops have already been charged by the U.S. military.

There are about 140,000 U.S. 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 Bryan Whitman told Reuters of the planned extension of "Order 17" until a Baghdad government is elected.

IMMUNITY FROM LOCAL COURTS

The order gives all foreign personnel in the U.S.-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.

U.S. Army Gen. George Casey, who will become the new top multinational military commander in Iraq next week, told the Senate Armed Services Committee on Thursday that Bremer had modified the order and would complete negotiations on its final wording before the handover.

The Post, quoting U.S. 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.

Asked if the decision to extend Order 17, rather than strike an agreement with the interim Iraqi government, was partly driven by public relations concerns a U.S. official said: "I think it has more to do with efficiency. Why open a potentially divisive political debate if you don’t have to?"

Air Force Maj. Michael Shavers, a Defense Department spokesman, said, "We are not doing this in a vacuum. He added, "The United States is negotiating with the U.N. and the interim government on the status of U.S. forces after June 30.

The United States on Wednesday withdrew its proposed U.N. resolution to shield American soldiers abroad from prosecution at the International Criminal Court because of strong opposition fueled by the prisoner abuse scandal. (Reuters)

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