Air Force Community - Air Force Times

U.S. troops, U.S. law

When an Iraqi court recently convicted and sentenced to hang an insurgent who murdered three U.S. soldiers in 2006, it was one of the most significant milestones of the war since Saddam Hussein was toppled.

Creating an effective judicial system is one of the critical tasks in restoring that nation to self-sufficiency — and in enabling U.S. combat forces to come home.

But in these first halting steps on what will be a long road, both Iraqi and American officials should not overreach.

Case in point: As part of a proposed status-of-forces agreement to supercede the one that expires Dec. 31, the Iraqis initially demanded that U.S. troops be subject to Iraqi law for all criminal offenses.

U.S. officials balked, saying the troops should remain under their own military justice system. But U.S. officials are bending as the talks drag on. Now their stance is that American troops should have immunity except for serious or premeditated felonies committed outside official duties.

That’s a grave mistake.

Iraq is still very much a war zone, and U.S. troops are never off duty when they go outside the wire.

Moreover, one cannot be confident that the nascent Iraqi justice system won’t be riven by the same tribal and ethnic animosities that have split the nation for generations. It’s far too early to trust that the U.S. troops who have occupied the country under arms for 5½ years would receive evenhanded justice in an Iraqi court system.

As long as Iraq is a combat zone — and probably for years after — American troops should remain under U.S. military law.

No compromises, no exceptions.