Tear Gas and Battling the Ba’athists and Fanatics

What is the obstacle to using tear gas against armed combatants in Iraq? As I understand the matter, there is concern that the use of non-lethal gas is banned by international law. One discussion suggested during the early phases of the war that legal questions were the primary obstacle to their use.

Surely there must be some way to deploy tear gas lawfully against the monsters who have seized central Fallujah. Are U.S. forces required by international law to use only lethal force when nonlethal methods could be used?