President Barack Obama’s announcement on Friday that all 40,000 U.S. troops still in Iraq will leave the country by New Year’s Eve will, inevitably, draw howls of derision from GOP presidential hopefuls — this is, after all, early election season. But the decision to leave Iraq by that date was not actually taken by President Obama — it was taken by President George W. Bush, and by the Iraqi government.
In one of his final acts in office, President Bush in December of 2008 had signed a Status of Forces Agreement (SOFA) with the Iraqi government that set the clock ticking on ending the war he’d launched in March of 2003. The SOFA provided a legal basis for the presence of U.S. forces in Iraq after the United Nations Security Council mandate for the occupation mission expired at the end of 2008. But it required that all U.S. forces be gone from Iraq by January 1, 2012, unless the Iraqi government was willing to negotiate a new agreement that would extend their mandate. And as Middle East historian Juan Cole has noted, “Bush had to sign what the [Iraqi] parliament gave him or face the prospect that U.S. troops would have to leave by 31 December, 2008, something that would have been interpreted as a defeat… Bush and his generals clearly expected, however, that over time Washington would be able to wriggle out of the treaty and would find a way to keep a division or so in Iraq past that deadline.” (See TIME’s photoessay, “Going Home from Iraq.”)
But ending the U.S. troop presence in Iraq was an overwhelmingly popular demand among Iraqis, and Prime Minister Nuri al-Maliki appears to have been unwilling to take the political risk of extending it. While he was inclined to see a small number of American soldiers stay behind to continue mentoring Iraqi forces, the likes of Shi’ite cleric Moqtada al-Sadr, on whose support Maliki’s ruling coalition depends, were having none of it. Even the Obama Administration’s plan to keep some 3,000 trainers behind failed because the Iraqis were unwilling to grant them the legal immunity from local prosecution that is common to SOF agreements in most countries where U.S. forces are based.
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