Which laws in CFR address this issue?
https://www.law.cornell.edu/uscode/text/18/2383
The difficult part is determine if they are engaged in rebellion or insurrection. Under 11.2 in the laws of the DOD. It says, "the (military) Court must examine whether there is sufficient evidence to demonstrate that the said authority was in fact established and exercised by the intervening State in the areas in question"