U.S. Troops Uneasy as Rules Shift in Iraq

Spec. Bryan Svejkovsky, 22, of Garfield Heights, Ohio, patrols with an Iraqi sergeant in Sadr City as garbage burns behind them. Under the security agreement between the United States and Iraq that went into effect with the new year, American troops are required to coordinate all missions with Iraqi security forces. (By Ernesto Londoño -- The Washington Post)
Buy Photo

The joint security stations and outposts were built in early 2007, when sectarian violence raged and militias controlled large swaths of Baghdad. They have been crucial in restoring order, jump-starting paralyzed local economies and repairing the country's decrepit infrastructure.

In Sadr City, which the central government has ignored for years, the outpost's leaders became power brokers. They mediated chronic disputes between the Iraqi army and police, employed roughly 1,000 men as unarmed guards and have invested $50 million in reconstruction projects since April.

"We built these places out of the ashes," Eifler said. "After 15 months of putting blood, sweat and tears, they'll be able to walk away knowing that they transitioned Sadr City from what it was then."

The Mahdi Army's sway over the neighborhood has eroded noticeably in recent months, U.S. and Iraqi officials said. But no one is calling it a defunct threat.

"Three months ago, we took this area from the bad guys," said 2nd Lt. Thar Mahdi, one of the Iraqi army officers based at the joint security station. But fighters are "hiding" north of the wall the Americans aren't supposed to cross, he added. The progress of recent months could collapse overnight, he said, if the Americans were to leave the outpost.

"We have a lot of corruption in my army," Mahdi said. "We have bad guys in my army that support the bad guys."

Depending on the Court

U.S. troops this year are being forced to rely on their Iraqi partners more than ever, particularly in detention operations. The American military is in the process of emptying its detention facilities to comply with the new requirement that bars the U.S. government from holding suspected criminals who have not been charged by Iraqi authorities.

"We used to detain people for their intelligence value only," in some cases, said intelligence officer Capt. Dominic Heil, 25, of California's Napa Valley. "We can't do that anymore."

The system requiring warrants is forcing U.S. troops to do shoe-leather detective work. Across Iraq, U.S. military battalions have created prosecution task forces that compile evidence in order to secure warrants. The judges in Sadr City have refused to consider warrant petitions from the Americans, U.S. military officials said, because they were spooked by a recent assassination attempt targeting one of them.

The judges in the Green Zone sign off on warrant requests, but many demand that the Americans transport witnesses to the court so they can meet the witnesses face to face, U.S. officials said. Many witnesses have been reluctant to sign sworn statements or accompany the Americans to court. Because there is no mechanism to compel witnesses to testify, U.S. troops can do little other than plead.

"People say they are afraid [the Mahdi Army] will come and get them when we leave," said 1st Lt. Nathaniel Woodrum, 28, of St. Louis, the officer in charge of the joint operations center at the station in Sadr City.

U.S. military officials said they have been able to secure dozens of warrants in recent weeks and are building strong relationships with judges. But they acknowledged that relying on Iraq's criminal justice system will be challenging. The United Nations and Human Rights Watch last year issued reports that were highly critical of the country's court system. Reports of torture-induced confessions abound, detention facilities are overcrowded, and thousands of inmates have sat behind bars without access to lawyers, awaiting trial.