Almost nightly, a number of Iraqi civilians are tortured and/or killed. While this is reported, the "why" is never mentioned in the press, whether US or Iraqi. Tech Central Station has a hypothesis.
When there is a significant fraction of the population that will not join in political compromise, whether because of ideological idealism, addiction to supernatural power, or the passion for revenge, civil society is faced with a diabolical paradox.
It wishes to form legal and political institutions that are transparent, correctable by debate, and under the control of the people (with protections for minorities), where people can make good money in the marketplace and raise families in peace. But the reality is that even after all possible compromises have been offered to the refuseniks, civil society is faced with a small but absolutely hostile minority that will be content with nothing but total victory.
What can civil society do? The only solution is the disappearance of that implacable moiety. Civil society cannot use the instruments of government to stamp out its mortal enemy—for that would be to invalidate and destroy the very principles and legitimacy of that government, and set in place a precedent by which normal political squabbles could in future be settled by genocide or the Gulag.
The enemies of the legitimate Iraqi government are almost exclusively Sunnis (though so too are many of its supporters). By logical necessity the exterminators would have to be mostly Shiites and Kurds. The government simply cannot afford to go after its enemies in the systematic way required, for that would be to destroy its claim to represent all minorities. There are, from the point of view of Iraq's nascent civil society, some thousands of people who, in the Texas phrase, need killing. Who is going to do it?
In the absence of government intervention, the answer is: ordinary people. Basically the killers are posses of self-organized vigilantes, who know their local area, who know who the bombers are, and who the bombers' relatives are. The posses are expert in distinguishing those people who might be fair political enemies from those who will go on striking, like a snake, even when cut in two.
This has precedent:
...death squads are rational, in their own horrible way. They may prove, as they did in Latin America, to be a pretty effective method of wiping out implacable enemies of social order and preparing the way for democratic and law-abiding government. In living memory almost every decent and legal regime in Latin America was preceded by a chaotic period in which ordinary men armed themselves with guns, said goodnight to their families, and went out in groups to kill some local dissident.
If civil society finds itself threatened by utter chaos, it may resort to free-enterprise war against its enemy. By definition what it does then cannot be law-abiding or approved by its own government; it is in Hobbes' state of nature; but it can be a kind of savage rationality that might precede law.
But, as Socrates knew, this dark archetypal crime must be hidden. The American authorities in Baghdad are not saying much about it because the vigilantes are doing their work for them, with infinitely greater precision and expertise. The Iraqi government is not doing or saying much about it either, because it would lose legitimacy if it cooperated with the death squads, and sabotage its own interests if it tried (probably unsuccessfully, anyway) to stop them; but it obviously cannot admit that this inaction is its policy. The U.S. Republican Press cannot say anything about it because it would imply in an election year that it approved of the death squads. The Democratic Press cannot give the vital information—that most of the victims probably deserve their fate—because that would imply that the Iraqis have finally started to do what they were expected to do all along, that is, clean up their own house.
An interesting theory. Let's hope that the work is finished soon.
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