American 'Unlawful Combatants' Abroad?
As efforts continue to address controversial killings of civilians in Iraq by private American military contractors, some United States officials reportedly are asking whether such conduct could put the U.S. in violation of international treaties.
If so, it may be that those responsible for the killings could be characterized as unlawful combatants, reports the Los Angeles Times.
“The designation of lawful and unlawful combatants is set out in the Geneva Convention,” the newspaper explains. “Lawful combatants are nonmilitary personnel who operate under their military’s chain of command. Others may carry weapons in a war zone but may not use offensive force. Under the international agreements, they may only defend themselves.”
As discussed in earlier ABAJournal.com posts, officials have previously said that, at least as a practical matter, private American security contractors in Iraq operated outside of applicable laws, prompting Congress to pursue legislation under which they could be held accountable for any wrongdoing.
Despite similar obstacles, a federal tort claim recently was filed in Washington, D.C. It concerns four individuals shot in a controversial Sept. 16 incident, in which 17 Iraqi civilians reportedly were killed by employees of Blackwater USA, a private security contractor. The plaintiffs are seeking damages for the alleged wrongful deaths of three Iraqi civilians and the shooting of a fourth.
