>>"Battlefield" has become a somewhat murky concept - especially in asymetric warfare. If I am a soldier in Iraq and I catch a guy planting an IED are we on a battlefield? Is he a "criminal" Does he have rights under US law?
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>If the US law somehow applies to a citizen of a foreign country, then that country is de facto a colony. The US then have all the obligations as an occupying force, as per Geneva convention - they need to provide a lot. Which they have failed for five years, and keep failing. So why not give up if not up to the task?

So the US should go ahead and shoot 'enemy combatants' or whatever the popular phase is since they are not covered under the Geneva accords since they are not fighting in a distinct uniform of their country (to differentiate from civilians). Spy is the closest term at that point.

Works for me.