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Still, the government has failed to hold armed contractors accountable. When its formal occupation of Iraq ended in 2004, the Bush administration demanded that Baghdad grant legal immunity to private contractors.
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But the government has not prosecuted a single successful case for killings by armed contractors overseas. An Iraqi lawsuit against American military contractors by Iraqi victims of torture at Abu Ghraib was dismissed by a federal appeals court that said the companies had immunity as government contractors.
Furious that the Nisour Square case was dismissed, the Iraqi government said it might file civil suits in the United States and Iraq against Xe. But its chances of success are not considered great. The families of many of the victims of the rampage accepted a settlement from Xe last week, worried that had they pursued their civil suit they might have gotten nothing.
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But most fundamental is that the government cannot — or will not — keep a legal handle on its freelance gunmen. A nation of laws cannot go to war like that.
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