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9.6  |  27 June 2007 to April 2008
Status of Forces Agreements (SOFAs). Sir John outlined four potential risks to UK
interests in doing so:
Building in an implicit acceptance of a long-term US presence in Iraq would
complicate the rollover of the UN mandate for 2008.
UK options for a military presence post-2008 would be limited and dependent
on negotiating a SOFA with the Iraqi Government. If that could not be achieved
“the absence of such an agreement could prove to be the basis on which our
presence in Iraq is terminated … it would be hard to argue that our decision was
based on prevailing security conditions”.
The nature of the international presence in Iraq would change, narrowing the
coalition and setting back the efforts the UK had made to “internationalise” the
effort in Iraq.
UK arguments that a Chapter VII mandate was required for similar operations
(for example, in Darfur) would be weakened.
552.  Sir John concluded his letter by asking that Mr Miliband be made aware of these
risks. He wrote:
“I accept fully that there are other factors at play. Purely in terms of UN handling
and sustaining the UN’s role in Iraq, I would prefer us to keep open the prospect
of further renewals of the UN mandate and to stick as far as we can to last year’s
US‑Iraq exchange of letters.”
553.  On 31 October, a government official working closely with the UK military briefed
the US military on the negotiations with JAM1 and explored the possibility of Basrawi
detainees in US custody being transferred to MND(SE)’s detention facility “to bolster our
dwindling numbers in an effort to prolong the detainee release programme”.261
554.  Around 300 detainees in US custody were thought to be of interest to the UK. With
the exception of “A Category insurgents” they could be released when needed. The
official noted that there were legal issues to be discussed regarding any transfer to UK
detention. US and UK military officers would discuss the practicalities.
555.  Mr Browne visited Iraq between 29 October and 2 November.262 In a letter reporting
his observations to Mr Brown he described it as “markedly the most encouraging of my
seven visits to Basra”. He continued:
“So progress there has been, but, as you well know, the space we have achieved
is fragile and temporary. We have a window of opportunity in Basra and it is vital
that both we and the Iraqis apply political and economic leadership to make the
most of it.”
261  Email government official working closely with the military, 3 November 2007, ‘Visit to Camp Bucca
31 October 2007’.
262  Letter Browne to Brown, 2 November 2007, [untitled].
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