Following your argument, isn't then drone operatators in some respects illegal combatants? Or really anyone not easily identifiable as enemy combatants?
Not that I think that arguing from the point of international law, and especially war time international law is of much relevancy in this case.
US has in recently shown little respect for many aspects of what was thought to be international law, but through US acts the water has been muddied.
The relationship with the ICC, one of the foremost attempts at establishing a legitimate international court for war crimes comes to mind. It is however far from the only issue where US recently shown an amount of disrespect to international law usually only seen from totalitarian regimes.
Not that I think that arguing from the point of international law, and especially war time international law is of much relevancy in this case.
US has in recently shown little respect for many aspects of what was thought to be international law, but through US acts the water has been muddied. The relationship with the ICC, one of the foremost attempts at establishing a legitimate international court for war crimes comes to mind. It is however far from the only issue where US recently shown an amount of disrespect to international law usually only seen from totalitarian regimes.