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Legal jurisdiction still clouds Afghan deal

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Secretary of State John Kerry and Afghan President Hamid Karzai take part in a joint press conference at the presidential palace in Kabul on Saturday, Oct. 12, 2013.

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By The Washington Post
Sunday, Oct. 13, 2013, 12:01 a.m.
 

KABUL — The United States and Afghanistan agreed Saturday on a draft deal that would keep some U.S. forces in Afghanistan past next year, but only if Afghan political and tribal leaders agree to a key U.S. demand that American troops not be subject to Afghan law, Secretary of State John Kerry said.

Afghan President Hamid Karzai said the framework security agreement meets his demands regarding counterterrorism operations on Afghan soil and respects Afghan sovereignty. The U.S. demand to retain legal jurisdiction over all remaining U.S. forces will be put before a loya jirga, Karzai said. He plans to convene the Afghan tribal consultation body next month.

“Tonight we reached some sort of agreement,” Karzai said through an interpreter. “The United States will no longer conduct operations by themselves. We have been provided written guarantee of the safety of the Afghan people. And a clear definition of invasion was provided.”

Kerry and Karzai broke an impasse in negotiations during two days of intensive talks in the Afghan capital, as an Oct. 31 deadline approaches for negotiating terms for some U.S. forces to remain in Afghanistan after combat forces depart in 2014.

The two welcomed the agreement but said it hinges on the question of legal jurisdiction, or immunity.

“The one issue that is outstanding is the issue of jurisdiction,” Kerry said at an evening news conference with Karzai. “We need to say that if the issue of jurisdiction cannot be resolved, unfortunately there cannot be a bilateral security agreement.”

Negotiations will continue, they said.

Karzai's insistence on greater Afghan control over counterterrorism operations — one of the main sticking points leading up to Saturday's agreement — had been underscored in recent days by a successful U.S. mission this month to detain a senior Pakistani Taliban leader whose group claimed responsibility for the 2010 bombing attempt in New York's Times Square.

Latif Mehsud, a senior deputy to Pakistani Taliban leader Hakimullah Mehsud, was captured Oct. 5 as he traveled in Afghanistan's Logar province, the State Department confirmed Friday. The operation angered Afghan intelligence and security officials, who said Mehsud had been in their custody when he was forcibly removed by U.S. troops, and it prompted Kerry to travel to Kabul to reassure and lobby Karzai in person.

Kerry said Saturday that he and Karzai have been able to talk through their differences on the issue. Karzai reiterated that the issue was important to Afghans and that the operation went “against Afghanistan's laws and independence.”

“We should be confident after signing the (agreement) that such incidents will not happen again,” he said.

If a pact is indeed signed, it will come as an enormous relief to many Afghans, including members of the country's security forces, which are dependent on U.S. funding and supplies.

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