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WORD COUNT 683                                                                                                                                                                            JUNE 18, 2008

IRAQI’S NOT SETTLING FOR SUBSERVIENT STATUS – Daniel M. Smith 

“The ability of any nation to enact, enforce, and interpret its own laws and be governed by them is one of the most recognized powers of any sovereign.” National Congress of American Indians 

After five years of war, Iraqis are pressing more and more for the end of occupation by foreign troops and foreign “al-Qaeda” fighters. In short, Iraqis want their country back. But that is not going to be their future if the current Washington and Baghdad administrations find a way to sidestep the U.S. Congress and Iraq’s parliament to implement the November 2007 “Declaration of Principles”  signed by President Bush and Iraqi Prime Minister Nouri al-Maliki. 

Normally, each country’s delegation to international talks is united on what they want to achieve – and what is and is not a “make or break” position. Not so the Iraqi delegation working on the “Declaration of Principles.”  Already suspicious of what Washington wants from Iraq when the UN mandate legalizing the foreign troop presence expires at year’s end, the two major Shi’a parties in the parliament forced al-Maliki to include senior parliamentarians in the Iraqi delegation.  

Reportedly, after the U.S. presented its position at the first meeting, the parliamentarians were stunned  by the sheer temerity of the U.S. position: 

- blanket immunity from Iraqi law for all U.S. military and all “private military contractor” personnel;

 - control of all Iraqi air space below 30,000 feet (presumably to allow U.S. military aircraft to conduct close air support when needed without having to worry about civil airliners intruding into the area where the fighting is in progress;

 - the U.S., not Iraq, will decide if a “hostile” activity or incident directed at Iraq from any of its neighbors constitutes “aggression,” thereby empowering the U.S. president to launch a preemptive attack on a neighboring country. A scenario could easily unfold wherein a neighboring country (e.g., Iran) relocates troops to cut off trans-border movement of U.S.-backed rebels attacking Iran. When the first firefight occurs, the U.S. declares an imminent invasion looms and, invoking Article 51 of the UN Charter, launches a large-scale attack “in self-defense.”

  - the U.S. - Iraq agreement would have no termination date and no provision to review  its continued relevance to the situation on the ground. In other words, once signed and ratified, both Washington and Baghdad could put the agreement on the shelf and forget it.  

Washington appears to have made only one concession:  the agreement can be cancelled by either party, effective two years after invoking the opt out clause.  Even this is only a partial concession, for normally treaty annulment provisions specify a six month or one year interval from notification to abrogation. 

The question for Iraqis is how much of their national identity are they willing to give up – or must give up – to achieve a reasonable standard of “security?”  

The answer may be “none.”  Baghdad counted 531,616 Iraqis in the security sector – military, interior ministry, and special counter-terror organizations – at the start of 2008. By 2010, Iraqi forces will reach a combined strength of between 601,000 and 646,000 individuals. Is this sufficient to ensure enough security to allow the society to function or will Iraq remain what American soldiers call “Indian Country.” 

As it happens, a direct comparison can be made to real “Indian Country.”  The National Congress of American Indians reports that the Bureau of Indian Affairs fields 2,380 law enforcement officers in the lower-forty-eight states. They are responsible for securing  90,625 square miles of tribal lands and safeguarding 1.4 million Native Americans – a ratio of 1.3 officers per 1,000 citizens patrolling an average of 380 square miles. Iraq’s projected 601,000 will have a ratio of 2.4 security personnel per 1,000 citizens and will average a patrol “area” of 0.3 square miles.  Even setting aside Iraq’s military still leaves 1.4 security personnel per 1,000 citizens, more than in real “Indian Country.” 

In fact, this comparison suggests that the administration could bring U.S. troops home, demobilize them, and offer to help those who want to go into law enforcement if they agree to serve with the Bureau of Indian Affairs. 

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Colonel Daniel M. Smith (Ret.), a West Point graduate and Vietnam veteran is the Senior Fellow for Military Affairs at the Friend Committee on National Legislation. FCNL is a Quaker-based public interest lobby founded in 1943. FCNL is headquartered in Washington DC. www.fcnl.org --  A photo of Colonel Daniel M. Smith is available CLICK HERE

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