U.S.-AFGHAN BILATERAL
SECURITY AGREEMENT (B S A)
KEY POINTS
Kabul and Washington have signed a
Bilateral Security Agreement (BSA) under which some 10,000 U.S. troops can
remain in Afghanistan after the international combat mission ends on December
31. Here are five things to know about the accord signed on September 30.
How
many U.S. troops will stay, and how long?
The BSA goes into force on January
1, 2015 and remains in force "until the end of 2024 and beyond" unless
it is terminated by either side with two years' notice.
The document itself does not establish how many U.S.
troops can be in Afghanistan during that time, but U.S. President Barack Obama
announced in May that there would be only 9,800 soldiers after December 31. He
also said that number would decrease rapidly by being halved at the end of 2015
and reduced to only a vestigial force by end of 2016. The Associated
Press has reported that Washington's plan calls
for fewer than 1,000 soldiers to remain after 2016 to staff a security office
in Kabul advising the Afghan army. The U.S. troops will not be the only foreign
troops staying in Afghanistan. Kabul
signed a similar agreement with NATO on September 30 to allow 4,000 to 5,000
additional troops -- mostly from Britain, Germany, Italy, and Turkey -- to stay
in Afghanistan in a noncombat role after 2014. That means the total number of
foreign soldiers immediately remaining in the county could be up to 14,800.
Why
are the U.S. soldiers staying?
The U.S. forces' mission under the
BSA is to "enhance the ability of Afghanistan to deter internal and
external threats against its sovereignty." That includes
"advising, training, equipping and sustaining" Afghanistan's National
Defense and Security Forces, which are those under the ministries of defense
and the interior, and "as appropriate," those of the National
Security Directorate, which is a special counterterrorism office.
Importantly, however, the BSA says that "unless
otherwise mutually agreed, United States forces shall not conduct combat
operations in Afghanistan." Instead, the emphasis is upon supporting the
Afghan forces, sharing intelligence, and strengthening Afghanistan's air force
capabilities. Similarly, the new NATO mission, which is led by the United
States, will focus on training and support for the Afghan army and police, not
on combat.
What
about earlier sticking points regarding the BSA?
Former Afghan President Hamid Karzai refused to sign the BSA in part because he wanted it
to ban U.S. soldiers from entering Afghan homes in future counterterrorism
operations. That was in line with his frequently blaming U.S. forces for Afghan
civilian deaths in military operations. However, a special Loya Jirga
(traditional grand assembly) convened by Karzai in November to review the draft
of the BSA found its language regarding soldiers entering homes acceptable and
recommended the president accept it. That language -- repeated in the
text signed on September 30 -- commits U.S. forces to having "full regard
for the safety and security of the Afghan people, including in their
homes." It also stresses that "U.S. military counterterrorism
operations are intended to complement and support" those of the Afghan
government, meaning Afghan forces should take the lead in operations that could
include entry into homes.
Another sticking point had been
whether U.S. forces remaining in Afghanistan would be immune from Afghan law,
as they have been since entering the country in 2001. The BSA addresses
this question directly, saying Kabul "agrees that the United States shall
have the exclusive right to exercise jurisdiction" over U.S. soldiers who
commit "any criminal or civil offenses" in Afghanistan. Washington
commits only to keeping Kabul informed "if requested" of the progress
of U.S. criminal proceedings against soldiers accused of crimes and to making
efforts so that representatives of Afghanistan can attend or observe the
proceedings in U.S. military courts. However, the BSA does give Afghanistan
jurisdiction over "United States contractors and United States contractor
employees." If Kabul had not agreed to immunity for U.S. soldiers,
Washington would almost certainly have refused
to sign the
BSA. Iraq's refusal to give U.S. soldiers immunity helped to scuttle plans to
leave a U.S. military-training presence in that country beyond 2011.
Will
America Defend Afghanistan Against Third Countries?
The BSA is not a defense pact which
would commit the United States to defending Afghanistan if it were attacked by
another state. But the text does say Washington "shall regard with grave
concern any external aggression or threat of external aggression." It also
says that in the case of external aggression, Washington and Kabul would work
together to develop "an appropriate response," including considering
political, military, and economic measures.
Will
the United States Maintain Military Bases In Afghanistan?
The BSA authorizes U.S. forces to
maintain existing facilities and undertake new constructions so long as they
are agreed upon by both sides. That clause in the BSA is likely to be closely
read by Iran, which accuses Washington of seeking to create a permanent
presence in the region under the guise of fighting terrorism. Iran's state-run
Press TV said in a commentary on its website on September 30 that "Germany
and Japan provide excellent examples of how the number of American bases
mushroomed in these countries under the pretext of fighting the Cold War."
The United States has repeatedly said it does not seek permanent bases in
Afghanistan, despite claims by Karzai in May last year that Washington wanted
nine bases and that he would not accept it. "We seek no permanent
bases," then-White House Press Secretary Jay Carney told reporters the day after Karzai's remarks.
"Any continued presence of U.S. forces in Afghanistan beyond 2014 would be
subject to an agreement between the Afghanistan government and the U.S.
government, and would only be at the request of the Afghanistan government.
