You examples is wrong because the USS Vincennes was not conducting unlawful warfare. Russia is. And there’s a pile of statutes under international law that will hang them for it.
Ah, yes, “unlawful warfare”. I happen to have recently met a (legal) immigrant to the U.S. from Lyuhansk, whose relatives still in eastern Ukraine are separatists. They are not Russian agents. They are people who don’t want to live under the rule of Kiev after the Western Ukrainians overthrew a government they had voted for and still overwhelmingly supported in a (pick one) coup, revolution, uprising.
If backing the non-government faction in a civil war, ginning up support for it, providing arms and materiel, even to the level of inserting advisors on the ground in support of the faction, is “unlawful warfare” then the U.S. has a lot to answer for back during the Cold War. Again harkening back to the 1980’s, I supported the “Contra War” against the Nicaraguan Communist government, and the support given the anti-Soviet mujahadeen in Afghanistan. More recently, in wars I opposed, the U.S. (and NATO and the EU) provided support for separatist rebels in all of the wars of the Yugoslav dissolution. Should we really run up Pres. Clinton and the U.S. pilots who twice bombed civilians on a bridge in Serbia on the morning of Orthodox Pentecost on war-crimes charges? Or does fog of war somehow cover their sins, but not those of Russian-backed Eastern Ukrainian separatists.