Also, the delivery has to be authorized on our end, presumably by DoD or State Dept. and (a)(2) states there has to be a treaty or other agreement that the transfer is authorized by. In this case, as was pointed our earlier, there is an agreement with Iraq that soldiers are to be tried by the US. While Erik mentioned that many of the provisions of that agreement had been rescinded, it wasn't stated if this particular part of the agreement had been changed or revoked yet or not. I would suspect it would be one of the last provisions to be substantially changed, probably only once we've drawn down to the point were we no longer perform frequent patrols or otherwise frequently operate outside the US embassy complex or military bases.
And, has there even been an official request for extradition? The articles I've read have talked about and quoted upset Iraqi citizens, but I haven't read that there has been an official request for criminal trial in Iraq. I may have missed it though as I didn't read every line of the stories.