Security contractors fired in response to alleged hostile fire during the Sept. 16 escort of a State Department official, killing 17 Iraqis. Security contractors do not fall within current military codes, but Rep. David E. Prince, D-N.C., said he would propose legislation to extend the Military Extraterritorial Jurisdiction Act to civilian contractors.
"Just because there are deficiencies in the law, and there certainly are," Mr. Price said, "that can't serve as an excuse for criminal actions like this to be unpunished.
However, the use of ex post facto law , law defining a crime after the crime occurred , is typically considered unethical. Lawmakers expressed the need for the new U.S. attorney general, Michael B. Mukasey, to tackle the thorny issue, but he may be forced to turn away any prosecution citing a lack of legal framework.
FBI investigators concluded at least five Blackwater contractors fired on Iraqi civilians with automatic weapons. A contractor identified as “turret gunner No. 3” fired most of the rounds, resulting in several fatalities. Investigators concluded the convoy escorted by Blackwater contractors were not fired upon, but instead were responding to their others in the same united. One officials familiar with the investigation said, "I wouldn't call it a massacre, but to say it was unwarranted is an understatement."