I think they already crossed that line (publicly):

http://www.crimesofwar.org/onnews/news-yemen.html


>Hi,
>
>>The 'unlawful combantant' reason for detaining the prisons at Guantanamo Bay is flawed. The Haque convention defines a legal combatant as
>>
>>To be commanded by a person responsible for his subordinates;
>>To have a fixed distinctive emblem recognizable at a distance;
>>To carry arms openly; and
>>To conduct their operations in accordance with the laws and customs of war.
>>
>>This means that both Delta Force and the CIA (the paramilitary division for sure) could be held by enemy states as unlawful combatants.
>
>You need to expand a bit on your argument. The definition you give obviously means the CIA etc are not lawful combatants - but that, in itself, does not make them, any more than it makes me, a 'combatant' of any sort.
>
>Regards,
>Viv