Dispatches from the Culture Wars

First it was an Iraqi government investigation that concluded that Blackwater guards opened fire on unarmed innocents in the September 16th shooting incident that killed 17 Iraqi civilians. Then the Pentagon's report on the incident confirmed that. Now the FBI's investigation into the incident has also confirmed that conclusion.

Federal agents investigating the Sept. 16 episode in which Blackwater security personnel shot and killed 17 Iraqi civilians have found that at least 14 of the shootings were unjustified and violated deadly-force rules in effect for security contractors in Iraq, according to civilian and military officials briefed on the case.

Some of the details:

Investigators have concluded that as many as five of the company's guards opened fire during the shootings, at least some with automatic weapons. Investigators have focused on one guard, identified as "turret gunner No. 3," who fired a large number of rounds and was responsible for several fatalities.

Investigators found no evidence to support assertions by Blackwater employees that they were fired upon by Iraqi civilians. That finding sharply contradicts initial assertions by Blackwater officials, who said that company employees fired in self-defense and that three company vehicles were damaged by gunfire.

Government officials said the shooting occurred when security guards fired in response to gunfire by other members of their unit in the mistaken belief that they were under attack. One official said, "I wouldn't call it a massacre, but to say it was unwarranted is an understatement."

Among the 17 killings, three may have been justified under rules that allow lethal force to be used in response to an imminent threat, the F.B.I. agents have concluded. They concluded that Blackwater guards might have perceived a threat when they opened fire on a white Kia sedan that moved toward Nisour Square after traffic had been stopped for a Blackwater convoy of four armored vehicles.

Two people were killed in the car, Ahmed Haithem Ahmed and his mother, Mohassin, a physician. Relatives said they were on a family errand and posed no threat to the Blackwater convoy.

Investigators said Blackwater guards might have felt endangered by a third, and unidentified, Iraqi who was killed nearby. But the investigators determined that the subsequent shootings of 14 Iraqis, some of whom were shot while fleeing the scene, were unprovoked...

A separate military review of the Sept. 16 shootings concluded that all of the killings were unjustified and potentially criminal. One of the military investigators said the F.B.I. was being generous to Blackwater in characterizing any of the killings as justifiable.

But here's the problem:

Prosecutors have yet to decide whether to seek indictments, and some officials have expressed pessimism that adequate criminal laws exist to enable them to charge any Blackwater employee with criminal wrongdoing. Spokesmen for the Justice Department and the F.B.I. declined to discuss the matter.

The case could be one of the first thorny issues to be decided by Michael B. Mukasey, who was sworn in as attorney general last week. He may be faced with a decision to turn down a prosecution on legal grounds at a time when a furor has erupted in Congress about the administration's failure to hold security contractors accountable for their misdeeds.

Representative David E. Price, a North Carolina Democrat who has sponsored legislation to extend American criminal law to contractors serving overseas, said the Justice Department must hold someone accountable for the shootings.

"Just because there are deficiencies in the law, and there certainly are," Mr. Price said, "that can't serve as an excuse for criminal actions like this to be unpunished. I hope the new attorney general makes this case a top priority. He needs to announce to the American people and the world that we uphold the rule of law and we intend to pursue this."

Congress needs to immediately pass legislation that places American military contractors under either American criminal and civil law while operating in Iraq, or the UCMJ, or some combination of the two. Those people must be accountable under the law.