Yes, I was thinking of active illegal etc belligerents not needing the niceties.
But the Capitol cops weren’t at the time of death (apparently) engaged in active belligerence.
Were they involved prior? Their boss was. Doesn't have to be carrying weapons for some cause. Aid/comfort intel etc. Once you are 'in the war', you don't get to 'get out of it' without repercussions. And once you play, you're going to be in for the end thanks to the NSA.