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There are continuing threats from Iranian-backed militants. There are threats from ISIS and al Qaeda. That said, the 2002 AUMF doesnt help us deal with any of these threats, Meeks said. Our forces would stay under Iraq under the 2001 AUMF, and the president can always defend America and our forces under Article II [of the U.S. Constitution].

Democratic leaders in both the House and Senate have already committed to moving legislation to replace the 2001 authorization with one that is better aligned with the threats in the region, after presidents from both parties have used it to expand U.S. military activity not specifically authorized by Congress. In the meantime, with the support of a significant cohort of Republicans, Democrats are moving forward with a clean repeal of the 2002 authorization, which passed during George W. Bush's presidency.

Biden invoked his Article II powers last month when he ordered retaliatory airstrikes against Iran-backed militant groups in Syria that were responsible for attacks on U.S. interests and citizens in the region. But progressives criticized Bidens decision, noting that Congress hadnt authorized the strikes and arguing that they were likely to further inflame tensions with Iran.

In response, the White House said Biden supports getting rid of the outdated AUMFs and working with Congress on replacement measures, though talks are in the very early stages.

The Republicans who opposed repealing the 2002 authorization said that like with the 2001 measure, it should be replaced because Iraq is still home to terror groups that threaten the U.S.

I think we have the same goal in mind, we just have a different way of getting there, Rep. Michael McCaul of Texas, the committees top Republican, said of the effort to scrap the 2002 authorization.

McCaul called for consultations with executive branch officials and the Iraqi government first in order to craft a replacement.

Real AUMF reform requires Congress and the administration working together on actual text to replace the aging 2001 and 2002 AUMFs to provide authorities needed to keep the American people, and, most importantly, our deployed troops, safe from terrorists, McCaul said.

The House has already passed measures to repeal both the 2001 and 2002 authorizations as part of annual defense and spending bills, but those provisions were eventually removed due to opposition from the Senate and the Trump administration.

The 2002 authorization has not been used to justify significant military operations in Iraq, with the exception of former President Donald Trumps invocation of the AUMF last year after he ordered a strike that killed Iranian military commander Qassem Soleimani.

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House panel votes to repeal 19-year-old Iraq war authorization - POLITICO

On March 4, 2021, the Parliament of Iraq passed the Law on the Accession of the Republic of Iraq to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which, upon being published in the Official Gazette, will formally ratify the countrys anticipated accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention).

This step is just the latest in Iraqs ongoing plans for economic recovery, which includes an increasing willingness to adhere to international dispute resolution norms. The objectives of Iraqs reconstruction programme are described in detail in its 2018 Framework Paper

The New York Convention will apply in Iraq with respect to: (i) recognition and enforcement of awards made in the territory of another contracting state (the so-called reciprocity reservation); (ii) awards arising out of disputed contracts which were of a commercial nature, as defined by Iraqi law (such as commercial transactions and practices stated in Articles 4, 5, 6 and 7 of the 1970 Commercial Code (the so-called commercial reservation); and (iii) arbitration agreements concluded, or arbitral awards rendered, after the date of accession (the non-retroactivity exception).

In the past, foreign arbitral awards were only enforceable in Iraq if they were issued in a country that is a signatory to the 1983 Riyadh-Arab Agreement for Judicial Co-operation (the Riyadh Convention), or a country that has a specific treaty on judicial cooperation with Iraq, such as Egypt and Jordan. Although there are 18 signatory states to the Riyadh Convention across the Middle East and Africa, the convention was of limited use for investors, principally because it does not permit enforcement proceedings against Iraqi government entities. Moreover, the requirements for enforcement under the Riyadh Convention could delay the enforcement process by, for example, requiring a certificate from the originating judicial authority certifying that the award was final.

By comparison, the New York Convention now has 167 signatories around the world, does not require awards to be certified by the originating judicial authority, and permits enforcement against state entities.

In recent years, Iraq has seen its civil law system change significantly in an effort to attract foreign investment. Notably, Iraq endorsed the use of arbitration by investors (such as Article 27 of the Iraqi Investment Law 2006), as well as arbitration of disputes concerning government contracts (Article 11 of Regulation No. 1 of 2008 Regulations for Implementing Government Contracts). In November 2015, Iraq ratified the ICSID Convention.

Iraqs decision to accede to the New York Convention was originally announced in the Iraqi Council of Ministers Decree of 2018, shortly before the International Conference for Reconstruction of Iraq, which was co-headed by the World Bank and the European Union in February 2018.

Iraqs accession to the New York Convention could be an indication of adhesion to more neutral dispute resolution mechanisms and greater enforceability, with only limited grounds for non-enforcement of awards. It is hoped that this, in turn, will likely facilitate continued investment in Iraq and further development of its economy as it continues its reconstruction.

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Iraq will become the 168th signatory to the New York Convention - Lexology

The United States and Iraq must work together to bring about better opportunities and economic prosperity for the Iraqi people to help secure a stable, democratic and growing Iraq. Given its resources, people, history, and resilient democratic governance, Iraq has the elements and the potential to deliver a bright future for its citizens and ultimately through sustained economic growth provide a higher standard of living that is felt throughout society.

The Biden Administration is being led by appointees at the highest levels who have deep experience with Iraq and its challenges. This includes President Joe Biden himself who was responsible for the Iraq portfolio as President Obamas Vice President. In February, President Joe Biden spoke with Iraqi Prime Minister Mustafa Al-Kadhimi affirming U.S. support for Iraqs sovereignty while also highlighting the importance of advancing the U.S.-Iraq Strategic Dialogue and expanding bilateral cooperation.

It is encouraging that the bilateral Strategic Dialogue was invoked in this first call between heads of state. The dialogue is a high-level government-to-government platform that has been utilized by prior Administrations to engage on a range of topics. While security and political issues are certain to remain at the forefront of this Administrations focus, it is our aspiration at the U.S. Chamber to work with the Biden Administration on reimagining the U.S.-Iraq relationship through the prism of economic and commercial opportunities and challenges. We know that the private sector is a stabilizing force and its strength should be harnessed, acting in cooperation with partners in government, to tackle real challenges that can have broad benefits and impact.

So where to begin? The U.S.-Iraq Business Council (USIBC) recommends 4 Big Ideas for the new Administration to consider as areas to strengthen and advance the U.S.-Iraq strategic partnership.

1. Institute a U.S.-Iraq Health Dialogue with Private Sector Participation

As we come through the pandemic, there is an opportunity to drive reforms and create new partnerships in the healthcare sector that have the potential to have a broad and positive impact on Iraqis. Iraq certainly has the human talent to excel in this field; however, there is a massive bureaucracy and antiquated policies and systems in place that stymie new collaborations and access to innovative health solutions. Under the umbrella of the Strategic Dialogue, the USIBC recommends establishing a U.S.-Iraq Health Dialogue focused on reform and cooperation in healthcare. And, it is imperative that the private sector be a part of this ongoing discussion.

2. Prioritize Capturing Flared Gas & Gas Infrastructure Development

Another absolutely vital issue to address is Iraqs gas flaring. Not only are billions of dollars that are badly needed for investments in infrastructure and healthcare being burned and depriving Iraq of needed economic benefits and electricity, the gas flaring is also imposing environmental and health challenges to local communities.

The USIBC encourages the Biden Administration to call for a special meeting of the recently reestablished U.S.-Iraq Energy Joint Coordinating Committee to prioritize assisting Iraq with its goal of ending gas flaring and becoming energy independent and developing an action plan, timeline and incremental benchmarks. By stepping up to work with Iraq on gas flaring, the Biden Administration has an opportunity to demonstrate leadership on one of its top global prioritiesclimate changeand, in doing so, help Iraq tackle an issue that has implications for its economy, independence, and environment. The USIBC and our member companies are ready to go.

3. Support Reforms to Iraqs Financial Sector

Similar to healthcare, developing a modernized financial services sector in Iraq can bolster U.S. investment and private sector participation that will have a positive ripple affect across the entire economy. Private sector commercial banks in Iraq should be empowered to play a material role in financing private sector projects that generate employment and economic growth with co-financing from U.S. and other international partners. While state banks are crucial for Iraqs development, private banks should also play a role in creating credit and taking deposits particularly for small businesses and individuals. Well-capitalized private banks should be allowed to compete for government contracts and to accept government deposits.

The USIBC recommends the U.S. Treasury Department and Iraqi Ministry of Finance and Central Bank of Iraq, under the umbrella of the U.S.-Iraq Strategic Dialogue, launch a Banking Reform Working Group. The USIBC will serve as a resource for private sector input and recommendations to the working group and encourages both governments to put this on the agenda for their discussions during the upcoming World Bank and IMF Spring Meeting in April.

4. Encourage Development of Special Economic Zones to Mobilize Investment and Stimulate Job Creation

Another idea to animate and diversify U.S. private sector participation in Iraq is to establish Special Economic Zones (SEZs), perhaps through pilot projects in Basra and Kirkuk. Since SEZs operate under their own legal frameworks, U.S. companies could avoid some of the pitfalls they have faced doing business in Iraq. With a few early successes, it is possible the Government of Iraq would be spurred to implement broader and substantive economic reforms to compete. SEZs would make a great topic for the upcoming bilateral discussions that will occur during the IMF/World Bank Spring Meetings.

Enacting Change and Strengthening the Relationship

While were recommending 4 Ideas, there are dozens of additional areas that deserve our attention and support. But if we were going to focus on one more, it would be to recommend that the U.S. government leverage its influence to facilitate, between the Government of Iraq and the Kurdistan Regional Government, the development of a sustainable federal budget that can meet the needs of all Iraqis. Having more predictability in the budget process would instill greater confidence with investors and the business community and bring greater continuity to the pipeline of projects needing investment.

There is a real opportunity to get beyond the traditional issues with Iraq and dig deep into challenges that, if addressed, can have a real impact. U.S. businesses are willing and have the expertise, capacity and desire to be a part of the solution. We look forward to partnering with the Biden Administration to engage Iraqi leaders as we come through the pandemic to endeavor for a shared future of inclusive economic growth and development.

Read the full report here.

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Reimagining the U.S.-Iraq Economic Relationship: 4 Ideas for the Biden Administration - uschamber.com

The United States and Iraq are set to resume strategic dialogue in April, the White House said on Tuesday.

The talks, which began in June 2020 under the Trump administration, will be the first under US President Joe Biden, who assumed office in January.

Officials from both countries will discuss the withdrawal of the remaining 2,500 US combat forces in the country.

"The meetings will further clarify that coalition forces are in Iraq solely for the purpose of training and advising Iraqi forces to ensure that ISIS [the so-called Islamic State]cannot reconstitute," White House press secretary Jen Psaki said in a statement.

The officials also plan on broaching other topics, including security,trade, climate, and culture, she added. The two sides are expectedto discuss "mutual interests" and their impact onthe relationship between Washington and Baghdad.

Relations between the two countries have been fraught with tension, particularly after the US killing oftop Iranian General Qassem Soleimaniand Iraqi militia leader Abu Mahdi al-Muhandis just outside the Baghdad airport in January 2020.

The attack spurred Iraqi lawmakers to pass a non-binding resolution to oust US-led coalition forces from the country.

Relations have improved since Prime Minister Mustafa al-Kadhimi took over the helm of Iraq's government in May last year. But some parties, notably parliament's Iran-backed Fatah bloc, continue to call for the withdrawal of US forces.

Both Iraqi and US officials saythey support a scheduled withdrawal of forces from Iraq, but questions remain over time-frames and the scope of the threat posed by the "Islamic State" group.

Former president Donald Trump pursued a policyof bringing US troops homefrom what he termed "endless wars," in a bid to fulfill a 2016 presidential campaign promise.

kmm/dj (AP, Reuters)

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US and Iraq to restart talks on pulling out US troops - Deutsche Welle

BAGHDAD--Iraqi Shia cleric Moqtada Sadr is increasingly wanting to appear as a statesman while his political ambitions to hold the reins of the executive authority in the country are growing.

Earlier in February, the populist Shia cleric said he backed early elections overseen by the UN, in a rare news conference outside his home in the Iraqi shrine city of Najaf.

Iraq is meant to hold earlier parliamentary elections this year, a central demand of an anti-government protest movement which erupted in 2019 and involved Sadrs supporters.

The elections will be taking place under a new electoral law that has reduced the size of constituencies and eliminated list-based voting in favour of votes for individual candidates.

Sadrs supporters are expected to make major gains under the new system.

In November, Sadr said he would push for the next prime minister to be a member of his movement for the first time.

With eyes on the executive authority, the Shia cleric has been calling recently for control of the weapons chaos in the country so as to curb attacks by armed factions on foreign forces, their supply convoys and the headquarters of the US embassy in Baghdad.

Sadrs calls come even though the Shia cleric himself is at the head of the most powerful militias in Iraq, the Peace Brigades, which are seen as a heir to the Mahdi Army militia that had previously led an offensive against government forces under the rule of former Prime Minister Nuri al-Maliki.

Sadr had also been involved in a crackdown on a massive uprising that took place in the cities of central and southern Iraq starting from October 2019. In that period, he employed a militia called Blue Hats to confront demonstrators in the streets and sit-in squares, as part of his efforts to crush the protest movement and protect the regime.

In recent statements, the leader of the Sadrist movement offered to help the government of Prime Minister Mustafa al-Kadhimi end the spread of illegal weapons in the country.

The Iraqi government must work diligently and firmly against all armed actions that target the security of Iraq and its citizens, regardless of the affiliation of the perpetrators, Sadr said, adding, I am aware that they (the militants who launch attacks) are recruited to destabilise security, threaten stability and weaken the state with the aim of discrediting the honourable reputation of the government for the benefit of those who carry foreign agendas.

The majority of these militias have links with Iran and have been helping pursue Teherans agenda, which is to expand the Islamic Republics influence in Iraq and the region.

Most of the Iraqi Shia militias that were trained to fight ISIS in 2014 are with the Popular Mobilisation Forces (PMF), formally affiliated with the Iraqi armed forces. Some PMF factions, however, respond only to the orders of leaders who are close to Iran.

In his recent statements, Sadr stressed that the security chaos and the spread of weapons should not last, calling on the government to double its efforts and offering his services when saying, We are ready for cooperation.

Sadr is known for his extreme self-confidence, at times acting as a holder of absolute power by issuing orders, warnings and setting deadlines for his demands to be fulfilled. This is fundamentally contrary to the logic of thegovernments control that he has been preaching with his call for ending chaos in the country and halting the spread of weapons.

Since 2003, Sadr has been part of the political process in Iraq. He didnt, however, hold any official positions like his major opponents and rivals from within the Shia political family.

In recent years, the Shia cleric, who hails from a prominent religious family in Iraq, has sought to distance himself from the bad governance that led to massive popular protests against the ruling class.

He portrayed himself as being different from other leaders of Shia parties and militias, and sought to act as a spokesman for the people, a defender of their cause, a reformer and an enemy of corruption.

Sadr, in fact, sees the failure of his political rivals as an opportunity to control the executive , especially in the light of new international and regional dynamics that may redraw the political map in Iraq.

After 18 years of mostly Shia rule in Iraq, the security situation in the country is still a serious problem affecting all aspects of life.

The Shia militias, who had obtained weapons and financial resources to help fight the Islamic State (ISIS) group, constitute todays the biggest challenge to peace and security in the country, according to experts.

Washington accuses armed Iraqi factions linked to Iran, including KataibHezbollah, of being behind a number of attacks targeting its embassy and military bases, from which American soldiers are sometimes deployed in the country.

Kataib Hezbollah, whose leader Abu Mahdi al-Muhandis was assassinated in January by the US military while he was with Iranian Major General Qassem Soleimani near Baghdad airport, is considered one of the factions with the closest ties toTehran.

Iraqi politicians and activists from the protest movement accuse militias loyal to Iran of kidnapping and torturing protesters, placing them in secret prisons and shooting demonstrators.

Kadhimi promised to hold the killers of demonstrators accountable and made surprise visits to numerous prisons to find out whether they included detainees from the protest movement.

Last July, the Iraqi judiciary announced the formation of an investigative body to look into assassination crimes, hours after an expert on armed groups, Hisham Hashemi, was assassinated.

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Sadr offers his own militias' help to disarm other militias in Iraq | | AW - The Arab Weekly