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Afghanistan: The Occupation, Part II

Meet the new occupation: same as the old occupation! Or pretty much: not as many troops, not as many dead and wounded every week, but still. In the new US-Afghanistan accord—which may or may not be ratified early next week by President Hamid Karzai’s Loya Jirga, and which may or may not be signed until some in mid-2014—the United States will be able to maintain as many as nine military bases in Afghanistan. In addition, American troops and US contractors can go in and out of Afghanistan without visas. And neither the troops nor the contractors will be subject to Afghan law.

In a hilarious statement of his priorities, Karzai said: “We want the Americans to respect our sovereignty and laws and be an honest partner. And bring a lot of money.” The delegates to the Loya Jirga laughed, said The New York Times.

The Afghan foreign ministry released draft text of the accord, which (among other things) codifies that the United States must continue to finance Afghanistan’s ragtag security forces indefinitely, or at least through 2024, saying “the United States shall have an obligation to seek funds on a yearly basis to support the training, equipping, advising and sustaining of” the Afghan forces.

According to The Washington Post: “The United States can maintain up to nine bases, and American troops and support contractors will be able to enter Afghanistan without having to obtain a visa.” Karzai said that as many as 15,000 foreign troops could remain in Afghanistan through 2024. Of those, it’s expected that less than 10,000 would be American troops, including Special Forces units that, under the terms of the accord, will be able to conduct night raids against targets suspected of terrorism. And the bases can be used, presumably, for launching drone attacks against targets in both Pakistan and Afghanistan.

The government of Afghanistan gave in on a critical US demand, that American troop and contractors not be subject to Afghan law. That was a deal-breaker in the talks with Iraq, when Prime Minister Nouri al-Maliki rejected a similar US demand. Says the Afghan text of the US-Afghan Bilateral Security Agreement, in rather convoluted language:

Afghanistan, while retaining its sovereignty, recognizes the particular importance of disciplinary control, including judicial and non-judicial measures, by the United States forces authorities over members of the force and of the civilian component. Afghanistan therefore agrees that the United States shall have the exclusive right to exercise jurisdiction over such persons in respect of any criminal or civil offenses committed in the territory of Afghanistan. Afghanistan authorizes the United States to hold trial in such cases, or take other disciplinary action, as appropriate, in the territory of Afghanistan.

The text adds: “Passports and visas shall not be required. Such personnel shall be exempt from Afghan law and regulations on registration and control of foreign citizens.”

Senator Jeff Merkley, an Oregon Democrat, is pushing a proposal on Capitol Hill to require that the continued occupation of Afghanistan, even if ratified by a US-Afghan accord, be endorsed by Congress. That’s an interesting idea, but despite strong public disapproval in polls for continuing the war in Afghanistan in any form, it’s far-fetched to think that Congress would disapprove the pact.

Bob Dreyfuss

Bob Dreyfuss is an independent journalist based in New York City and Cape May, New Jersey. For the past twenty-five years, he’s written extensively on politics and national security for a wide range of publications. His work has appeared in Rolling Stone, The Nation, The American Prospect, Mother Jones, The New Republic, The Huffington Post, Slate, Salon, and many other magazines and websites.

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