General Discussion
In reply to the discussion: Leon Panetta is a scary, scary man [View all]MADem
(135,425 posts)prosecuted, and that does not mean that civil "retribution" payouts in the custom of the region are not made; it simply means that any prosecution would be done by US personnel in a military setting.
The SOFA as written for Iraq provided immunity to servicemembers and state department contractors; no immunity, but the usual state department coordination, for other contractor personnel.
Iraq wanted these individuals to fall under Iraqi law regardless of the criminal accusation; we just don't do that. Never have. We have SOFA agreements in every nation where we "permanently" base personnel--some more restrictive than others, based on the sophistication of the criminal justice system in those nations, pretty much.
Most people believe that Bush wanted to make that Green Zone monstrosity a permanent, massive middle-eastern base. Iraqi refusal to accede to a SOFA obviated that plan. Just as well.