LAW FROM THE CENTER

Today, word comes from the AP (via Boston Globe) that the Iraqi Governing Council and Ambassador Bremer have decided to delay the negotiation of a Status of Forces agreement. This is the agreement that defines the legal relationship that American troops have with the host nation.

The lack of agreement will not affect the presence of U.S. forces, but it could leave their relationship with Iraqi security forces undefined along with rules of engagement. There also could be a question of who would prosecute U.S. soldiers charged with crimes while serving in the country.

Top American occupation and military officials seemed unconcerned that an agreement would not be signed before the transition, saying U.S. troops will stay in Iraq as long as they are welcome.

''The consensus is there is a role for U.S. forces here,'' said Dan Senor, a spokesman for the U.S.-led coalition.

Iraqi Governing Council member Adnan Pachachi said the status of forces agreement should wait until a provisional government takes power June 30 because the U.S.-picked 25-member council ''is not considered sufficiently representative.'' The council serves as a temporary Iraqi administration.

ANALYSIS: The US authorities tell us not to worry. THERE IS cause for concern, however. Status of Forces Agreements (SOFAs) are usually Priority One for JAG attorneys deploying into an area of operations. Without a SOFA, US troops could be completely subject to local laws should they fall into local custody. In underdeveloped or unstable countries like Iraq, SOFA agreements usually require that US troops be tried in US courts-martial due to concern about the fairness and propriety of local courts. Other procedural safeguards for US troops are secured as well. The consensus between Iraq and the US seems to be that the SOFA will be worked out AFTER the transfer of sovereignty. If that happens, however, troops who get separated from their unit, or who may even be kidnapped, might be subject to Islamic Law in an Iraqi court. That should be cause for concern. The safest route is always to have the SOFA be in force BEFORE sovereignty is handed over.