I would guess unlawful combatants, as enemy combatants usually aren’t charged. Geneva Convention.
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So what happens to them?
Enemy Combatants? If they are lawful, perhaps internment for a time. To be lawful, some state has to acknowledge them. What do you think the chances of that will be? There can't be any USCs amongst them. What country outside of China, wants to acknowledge they were @ war with the US?