America's unlawful enemy combatants

It seems that the Blackwater security guards in Iraq may be deemed "unlawful enemy combatants" under international agreements. Here's the LA Times on the story:

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.

People out of uniform, not within the chain of military command, conducting open warfare in a foreign territory are almost by definition unlawful combatants.