CAIRO, May 23 (IslamOnline.net) – Anglo-American occupation troops in Iraq are to enjoy immunity from being prosecuted in Iraq after the planned power transfer to an Iraqi interim government, stealing away the right of Iraqis to sue them over abuses and other war crimes, according to media reports on Sunday, May 23.

Despite the growing resentment and fury over the abuse of Iraqi prisoners by American-British occupation forces, these "forces will be protected from any legal action," reported the Observer.

Under the proposed immunity, they would only be subject to the domestic laws of their home countries.

"The legal situation in Iraq will be very difficult after 30 June, with some confusion over where jurisdiction lies," a British official told the paper.

"We wanted to ensure that British troops maintained the immunity they already have under Order 17."

Order 17 is a deal signed by the occupation authority in Iraq, known as Coalition Provisional Authority (CPA), under which occupation forces enjoy immunity from prosecution.

The move further undermines what the U.S. officials have already described as incomplete Iraqi sovereignty after the awaited hand over of power on June 30.

Creating a sovereign Iraq should mean forces become subject to Iraqi laws, according to the BBC News Online.

Impunity

Such a step, in a nutshell, means Iraqis who were abused or even lost their lives at the hands of American or British occupation troops will never get the chance of any form of legal redress.

British lawmakers demanded Saturday, May 22, that Iraqi citizens should find some legal way to seek justice after allegations that people had died unnecessarily during gunfights with British forces, said the Observer.

"How is anyone in Iraq expected to bring a case in the British courts?" Adam Price, a British MP, who has been credited with uncovering many of the claims made against British troops, told the paper.

"It is taking the idea of diplomatic immunity and applying it to 130,000 troops. There is a danger that you are actually going from immunity to being able to act with impunity."

The Observer further quoted Price as adding that there should be a military ombudsman based in Iraq who could investigate any allegations against occupation troops and call for further action.

A British judge has ruled Tuesday, May 11, that Iraqi families are legally entitled to seek independent probe into the deaths of relatives reportedly killed by British troops in  Iraq and to receive compensations.

The immunity report comes as the British occupation forces in Iraq were dealt a fresh blow Saturday when the British Attorney General, Lord Goldsmith, published a statement admitting that allegations against a British soldier now facing possible criminal proceedings over the death of an Iraqi civilian during an arrest were initially dismissed by the forces, the Observer reported.

"The Crown Prosecution Service is considering pressing criminal charges against the soldier over the same incident".

"The case currently under consideration by the CPS was referred to the Attorney General after charges were dismissed by the soldier's commanding officer," Goldsmith told the paper.

"In these circumstances, the case cannot be tried by court martial". 

British Defense Secretary, Geoff Hoon, has said earlier in May that all allegations of mistreatment by British troops were thoroughly investigated by the Royal Military Police Special Investigations Branch. 

"New Iraq"

The reports over the draft resolution sought by Washington and London gives the first picture of how the new Iraq may be like.

The Observer quoted occupation military sources as saying that the question of immunity was central to obtaining military agreement on a new U.N. resolution on Iraq to be published by the middle of next month.

The new U.N. resolution will reportedly lift the arms embargo against Iraq, allowing the country to rearm its 80,000-strong army to be ready to take over the nation's security once occupation forces finally leave, according to the British daily.

It quoted senior diplomatic sources as saying the would be resolution is likely to say that the Iraqi interim government should be able to give 'strategic direction' to the multinational force although it will not take over full command, a move that has already been rejected by the American and British armies.

"Iraq's new ministers will also take over control of the prisons, including the notorious Abu Ghraib jail where Americans have been photographed and videotaped abusing prisoners.

"It will also be allowed to equip its army, run a police force and all of the departments of state."