Colin Kahl, a senior Pentagon official working on Iraq in the early years of the Obama administration,
explains why the United States was unable to conclude an agreement permitting several thousand U.S. forces to remain.
Ultimately, at great political risk, President Obama approved
negotiations with the Iraqi government to allow a force of around 5,000
American troops to stay in Iraq to provide counterterrorism support and
air cover and to train the Iraqi army. But, as commander in chief, he
was unwilling to strand U.S. forces in a hostile, anti-American
environment without the legal protections and immunities required to
ensure soldiers didn’t end up in Iraqi jails. These protections, which
are common in nearly every country where U.S. forces operate, were
guaranteed under the 2008 status of forces agreement negotiated by the
Bush administration; Obama simply demanded that they continue under any
follow-on accord.
Iraq’s prime minister, Nuri al-Maliki, told U.S. negotiators
that he was willing to sign an executive memorandum of understanding
that included these legal protections. But for any agreement to be
binding under the Iraqi constitution, it had to be approved by the Iraqi
parliament. This was the judgment of every senior administration lawyer
and Maliki’s own legal adviser, and no senior U.S. military commander
made the case that we should leave forces behind without these
protections. Even Sen. John McCain, perhaps the administration’s
harshest Iraq critic, admitted in a December 2011 speech
discussing the withdrawal that the president’s demand for binding legal
immunities “was a matter of vital importance.” Moreover, because the
2008 security agreement had been approved by the Iraqi parliament, it
seemed both unrealistic and politically unsustainable to apply a lower
standard this time around.
Unfortunately, Iraqi domestic politics made it impossible to reach a deal.
That's the inside story, but it's never been a secret.
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