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Iraq
Harsh justice where U.S. relies on Iraq tribes
2007-09-04
Seated between his police chief and a U.S. Marine battalion commander, the Iraqi mayor opened his weekly security meeting by explaining how he had authorized one of the local tribes to carry out a summary execution. The police had caught two men who had killed another policeman.
Look at the bright side: the Iraqi coppers didn't blast the two guys on the spot in a 'suicide-by-cop' incident.
"As you all know, the Iraqi court system is still weak," said Mayor Farhan Ftehkhan, while an interpreter translated for the benefit of the Americans. "Yesterday I met the sheikhs, and they decided to kill them as soon as possible. So the tribes took their decision and they killed those criminals."

The sheikhs carried out their summary execution in the district of al Qaim in Iraq's vast western desert province of Anbar, where Sunni Arab tribes once hostile to U.S. forces have now joined the Americans to drive out al Qaeda militants. The area, once one of the most dangerous in Iraq, is now one of the quietest. Rows of houses reduced to rubble by heavy fighting are being rebuilt.
But none of that matters in our narrative.
The U.S. commander in Iraq, General David Petraeus, is expected to cite the changes in Anbar when he testifies to Congress on September 10 about the impact of U.S. President George W. Bush's decision to send more troops to Baghdad and Anbar. Bush himself made a surprise visit to the province on Monday, showcasing what he said was one of the main success stories of his military strategy.

But the summary execution is a sign of the compromises that U.S. forces still have to make.
Yup, life isn't yet perfect in Anbar. Anbar is not yet a secular liberalist province in a progressive liberal secular Iraqi state. We done failed; might as well go home. Blend a puppy on our way out.
"We are working hard to get the rule of law stood up here," said the Marine battalion commander, Lieutenant-Colonel Jason Bohm, speaking after the security meeting at a border outpost overlooking the Euphrates river as it pours in from Syria. "We still have a way to go."
It's okay, Colonel Bohm, it isn't that unusual on that continent.
Across the street from Mayor Ftehkhan's office is a courthouse, newly reconstructed with American aid, gleaming with fresh yellow paint. The Americans have helped train judges. They recruited and trained bodyguards to protect them. They have put in place a brand new team of investigative policemen.

But the new court is authorized to hear criminal cases only if the maximum sentence is five years or less. Murder cases must be tried in the provincial capital Ramadi, where the court is not yet fully functioning, Bohm said.
'not yet' functioning. Meaning there is some hope that it will if we just stick with it.
According to Bohm, the two killers had lured a policeman to a meeting after they learned he was engaged to marry one of their relatives, and bludgeoned him to death. The victim and the killers were from the same tribe. The tribe's elders feared that if they waited for Iraqi justice to reach its verdict, there would be tit-for-tat revenge killings and many more tribesmen would die.
They do seem to know their brethern tribesmen, don't they.
The mayor and police agreed to turn the suspects over. The elders had them shot.
"Thanks, yer Honor."
"Don't mention it, monsignor."
The execution of the two suspects without a proper trial would clearly be a crime, Iraqi legal experts said.

Iraq does have capital punishment for murder, but executions may only be carried out legally by the Maximum Crimes Office in Baghdad after a proper trial, said criminal law expert Ahmed Abid in Baghdad. "We live in a country with courts, and the actions of this mayor and the sheikhs send the wrong message to the world," he said.
Bless you Ahmed for wanting to make your country better. Now let's get the security situation under control, and you can then spend the rest of your lifetime educating the tribal chiefs. Good luck.
U.S. forces said they learned about the summary execution only after it had taken place. Bohm said they did what they could to make clear that they did not approve.

"I met with the mayor. I met with the judges. I met with the Iraqi police. I told them we did not condone this," he said. "In their mind they had done nothing wrong. That's the way it was done for centuries."
And it's going to take more than six months to change that.
The sheikhs made no effort to deny they had carried out the summary execution. In fact, they provided Bohm with meticulous documentation of their "verdict," bearing their signatures and stamps, as well as a video showing the killers' confessions.
"Here you go, Colonel, nice and tidy-like."
"Umm, thanks."
"Forgive us. You need more stamps?" [clap-clap] "Mahmoud, bring me my special signet ring!"
In an interview later in his office, Mayor Ftehkhan acknowledged the execution might cause difficulty for his American guests but said he had no choice but to ensure the men were executed before a vendetta could erupt. "Yes, it is embarrassing for the Americans. But if we did not resolve this issue this way, there would be more bloodshed in the town," he said.
Tough decision to make. Glad we don't have that here. Maybe one day they won't have that in Iraq.
Posted by:Anonymoose

#16  Judge Abu-Roy Bean?
Posted by: Frank G   2007-09-04 22:05  

#15  I wonder if the tribes could serve in Iraq as the states served in the US.

Unfortunately not. I think the biggest F'up was allowing the Iraqis to write a constitution where the legislature is elected by party slate, not territory based jurisdictions. That means the legislators are loyal only to the party bosses, not local constituencies. So instead of having several hundred competing centers of power, there will only be a few party bosses who run the show. For the Shiites, that means those beholden to the mullahs in Iran who provided them shelter and outmaneuvered naive western leadership (that's Bush and Co.) when they flooded Iraq and eliminated opposition following the invasion. Over time one of the cliques will eliminate the others and dictatorship will form.
Posted by: ed   2007-09-04 21:14  

#14  Jeez, Bob, that is a brilliant idea! Iraqi tribes = proto-states! Applicable throughout this cultural template.
Posted by: Whiskey Mike   2007-09-04 21:06  

#13  The scenario sounds a lot like the Western US circa 1880. Even with the US history of "rule of law" inherited from our forefathers it took a long time before "liberty and justice for all" was common.
Posted by: anymouse   2007-09-04 20:18  

#12  Great story (even relatively non-outrageous, by Reuters standards), great annotations, great comments.
Posted by: Verlaine   2007-09-04 19:30  

#11  I wonder if the tribes could serve in Iraq as the states served in the US. Give each tribe proportional representation in one elected body and equal representation in another...

Posted by: Rob Crawford   2007-09-04 19:18  

#10  I've always thought that given the starting place of institutions in the MME if we could move them to a democracy equivalent to the US in 1870 (law west of the Pecos) and then make incremental modernizations we would have the most success.

We should have gone in and taken over central government and run it like a regency and give the locals the responsibility to build up their institutions. After a few years start working them up the ladder.
Posted by: AlanC   2007-09-04 18:45  

#9  I nominate Matt for the coveted Rantburg 'Understated Snark of the Week' award!
Posted by: Steve White   2007-09-04 17:53  

#8  Notice the general disapproving tone of the article. However, if the jihadis got together and murdered a dozen kids for playing music or some other heinous offense, that would just be "part of their culture". No outrage, no condemnation from the MSM.
Posted by: Rambler   2007-09-04 17:17  

#7  The 9th Circuit Court of Appeals has just issued a "Stay of Execution" on these two men's behalf. It's not too late...is it? :)
Posted by: Grinegum Borgia6464   2007-09-04 16:55  

#6  The mayor and police agreed to turn the suspects over. The elders had them shot.
I guess that sometimes it really does take a village.
Posted by: Matt   2007-09-04 16:21  

#5  Yep, my dead horse all along. Let the tribes run the show so long as no Americans are being physically injured by it. Slow, incremental tweaks over time will work best. Not going to change the thought process over night.
Posted by: Broadhead6   2007-09-04 16:02  

#4  England has much to learn from these men.
Posted by: Excalibur   2007-09-04 15:13  

#3  Actually, the meticulousness of the sheikhs is impressive, and quite unlike what I understand to be historical practice. This suggests they are predisposed to submitting to the rule of law once the courts are running properly.

Posted by: trailing wife   2007-09-04 14:56  

#2  It's clear that in tribal areas it's not simply that justice must be done - it must be seen to be done.
Posted by: Zhang Fei   2007-09-04 14:27  

#1  The police had caught two men who had killed another policeman.

...the two killers had lured a policeman to a meeting after they learned he was engaged to marry one of their relatives, and bludgeoned him to death.



And the issue with the removal of these two from the users list of oxygen, food, and water, is what?
Posted by: BigEd   2007-09-04 13:39  

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