America's own unlawful combatants?

Using private guards in Iraq could expose the U.S. to accusations of treaty violations, some experts think.
By Julian E. Barnes
Los Angeles Times

WASHINGTON — As the Bush administration deals with the fallout from the recent killings of civilians by private security firms in Iraq, some officials are asking whether the contractors could be considered unlawful combatants under international agreements.

The question is an outgrowth of federal reviews of the shootings, in part because the U.S. officials want to determine whether the administration could be accused of treaty violations that could fuel an international outcry.

But the issue also holds practical and political implications for the administration's war effort and the image of the U.S. abroad.

If U.S. officials conclude that the use of guards is a potential violation, they may have to limit guards' tasks in war zones, which could leave more work for the already overstretched military.

Unresolved questions are likely to touch off new criticism of Bush's conduct of the unpopular Iraq war, especially given the broad definition of unlawful combatants the president has used in justifying his detention policies at Guantanamo Bay, Cuba.

The issues surrounding the private security contractors are being examined by lawyers at the departments of State, Defense and Justice. Disagreements about the contractors' status exist between agencies and within the Pentagon itself.

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