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.
"I think it is an unresolved issue that needs to be addressed," said a senior Defense Department official who spoke on condition of anonymity because he was not authorized to discuss the subject. "But if that is in fact the case, what the heck are we doing?"
The use of private contractors by the U.S. military and governments worldwide began long before the U.S invasions of Afghanistan and Iraq, but it has mushroomed in recent years. With relatively little controversy, contractors have assumed a greater share of support and logistics duties traditionally handled by uniformed military, such as protecting diplomats inside a war zone.
On Sept. 16, a Blackwater USA security team guarding U.S. diplomats was involved in a shooting that killed as many as 17 Iraqis. Blackwater said its personnel were under attack, but Iraqis said the team began the shooting.
Other incidents portraying the private guards as aggressive and heavily armed have since come to light.
The guards also operate under immunity from Iraqi law -- immunity was granted in 2004 by U.S. officials -- and in a murky status with respect to American laws.
