Does the conflict in Iraq amount to a civil war? In many ways, the public debate over this question is largely political. Calling Iraq a "civil war" implies yet another failure for the Bush administration and adds force to the question of whether U.S. troops still have a constructive role to play.

Politics aside, however, the definition of civil war is not arbitrary. For some -- and perhaps especially Americans -- the term brings to mind all-out historical conflicts along the lines of the U.S. or Spanish civil wars. According to this notion, there will not be civil war in Iraq until we see mass mobilization of sectarian communities behind more or less conventional armies.

But a more standard definition is common today:

1) Civil war refers to a violent conflict between organized groups within a country that are fighting over control of the government, one side's separatist goals, or some divisive government policy.

By this measure, the war in Iraq has been a civil war not simply since the escalation of internecine killings following the bombing of a Shiite shrine in Samarra in February, but at least since the United States handed over formal control to an interim Iraqi government in June 2004.

Here's why: Although the insurgents target the U.S. military, they are also fighting the Shiite-dominated Iraqi government and killing large numbers of Iraqis. There is little reason to believe that if the United States were suddenly to withdraw its forces, they would not continue their battle to control or shape the government.

Political scientists who study civil war have proposed various refinements to this rough definition to deal with borderline cases. One issue concerns how much killing has to occur -- and at what rate.

2) For a conflict to qualify as a civil war, most academics use the threshold of 1,000 dead, which leads to the inclusion of a good number of low-intensity rural insurgencies.

Current estimates suggest that more than 25,000 Iraqis have been killed in fighting since the U.S.-led invasion in March 2003 -- a level and rate of killing that is comparable to numerous other conflicts that are commonly described as civil wars, such as those in Lebanon (1975-1990) and Sri Lanka (beginning in 1983).

The organization -- or rather, disorganization -- of the warring communities in Iraq means that a large-scale conventional conflict along the lines of the U.S. Civil War is unlikely to develop. More probable is a gradual escalation of the current "dirty war" between neighborhood militias that have loose ties to national political factions and are fighting almost as much within sectarian lines as across them.

This is roughly what happened in Lebanon and at a lower level in Turkish cities in the late 1970s. Ethnic cleansing will occur not as a systematic, centrally directed campaign (as in Bosnia), but as a result of people moving to escape danger.

And there's another twist to the terminology:

3) If the conflict in Iraq becomes purely a matter of violence between Sunni and Shiite communities driven by revenge and hatred rather than by political goals, many political scientists would say that it is something other than civil war.

Almost no one, for example, calls the Hindu-Muslim violence in India a civil war.

A civil war has to involve attempts to grab power at the center of government or in a given region, or to use violence to change some major government policy.

In Iraq's case, however, the vacuum of power at the center means that communal violence will inevitably be tied to struggles for political power and control.

A final complication concerns the nature of international involvement. Some argue, for example, that the war in Bosnia should be seen as an interstate war rather than a civil war, since the Bosnian Serb forces were armed and directed largely by Belgrade. Post-Mobutu violence in Congo is often termed a civil war, even though fighters have been closely tied to armies from neighboring states.

4) A conflict may be both a civil and an interstate war at the same time.

The Vietnam War, for instance, clearly comprised both a civil war in the South and an interstate war involving the North, the South and the United States.

Iraq may be moving in this direction. The United States and Britain are already openly involved, and such neighboring countries as Iran and Syria are more covertly involved. Not that it matters to the people dying there, but the next debate here may turn on whether what is already a civil war in Iraq should be viewed as an interstate war as well.

Divorce proceedings bring out the worst in people. When Abdul Rahman tried to get custody of his daughters in Kabul, Afghanistan, his wife's family told the court that he was unfit to care for his children because he had converted from Islam to Christianity some 16 years ago. A zealous prosecutor, hearing of the case, charged Mr. Rahman with apostasy, a crime punishable by death under some interpretations of Islamic law. If Mr. Rahman does not repudiate Christianity, the judge in the case has said, he will get the death penalty.

Mr. Rahman's case is a discouraging illustration of the uneasy balance between the democratic norms Afghanistan's Constitution enshrines and the conservative Islamic values its judiciary upholds. On the one hand, the Afghan Constitution states that "followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of the law," and it requires the state to adhere to the Universal Declaration of Human Rights, which clearly protects freedom of conscience and the right to change one's religion.

On the other hand, the Constitution also says that no law can be "contrary to the beliefs and provisions of Islam," and it gives judges broad power to interpret and apply Islamic law. Several schools of Islam do indeed prescribe the ultimate punishment for those who abandon the faith. And so Mr. Rahman's case may well come down to the interpretive leanings of the court.

Moderate Islamic jurists in some countries have attempted to balance or reconcile these often-conflicting interests. In Egypt, for instance, the Islamic Research Center decreed that although apostasy may be a crime, the time period for redemption is limitless - in other words, it is up to the individual, not the state, to adhere to divine will. The former chief justice of Pakistan, which has explicit anti-blasphemy laws, has written that the death penalty for apostasy is not required by the Koran and conflicts with other Islamic values.

Afghanistan's post-Taliban judiciary, however, has shown a propensity to use Islam as a political weapon. The country's chief justice, Fazil Hadi Shinwari, is a hard-line conservative associated with the Islamist parties of Abdul Rasul Sayyaf and Burhanuddin Rabbani. He has used the court as a bully-pulpit, issuing fatwas on a variety of issues outside his jurisdiction.

For instance, under Justice Shinwari's leadership the Supreme Court has variously attempted to ban co-education; tried to eliminate a rival to President Hamid Karzai from the 2004 elections; and jailed newspaper editors, all in the name of Islam.

In other words, the court has overstepped its bounds and contributed to the radicalization of Afghan politics in the process. To further his aims, Justice Shinwari has packed the lower courts with judges who have Islamic educations but no foundation in Afghan law or experience in the judiciary.

President Karzai has a unique opportunity to change this. Under the Constitution, Mr. Karzai must appoint a new Supreme Court this month, and he sent his slate of nine justices to Parliament for approval last week. Although the current chief justice has retained his position, there are some very promising choices among the eight other justices. They include known moderates, like the former chairman of the Judicial Reform Commission, Bahauddin Baha, and the deputy minister of justice, Qasim Hashimzai, who led a major corruption investigation involving members of President Karzai's cabinet.

These appointments mark President Karzai's first opportunity to compose Afghanistan's Supreme Court under a fully constitutional government. They are of momentous importance to the country's stabilization and the consolidation of its nascent democracy.

By creating a competent, professional and moderate judiciary, President Karzai will help to establish the rule of law. If, however, the court remains in the thrall of ideology and factionalism, Afghanistan's experiment in democracy will be compromised.

But the new judges will be powerless to reform the system unless they are given the political support and resources to do so. International involvement in Afghanistan's justice sector since 2001 has been inadequate. Both the Afghan government and its donors need a strategic vision for the judiciary's future and the political focus to make it a reality.

The new judiciary will need support to review the qualifications of the lower court judges, facilities to train new judges and functioning courthouses in the provinces. It will need to be able to share information, laws and legal decisions among officials throughout the country and to pay judges a living wage.

We must do more than simply react loudly to the most extreme cases, like that of Mr. Rahman. Instead, we must partner with the Afghans and other democratic governments in the Islamic world as they struggle to promote modernity and the rule of law. This means working with judicial systems on less controversial, bread-and-butter issues like criminal law and property disputes.

We have seen throughout the world, and in our own history, that competent and independent judges will stand up for the rule of law even when their decisions indict the powerful and defend the unpopular. Mr. Rahman's case should remind us of how important it is to help Afghanistan develop such judges if we want its democracy to succeed.