[Pete from Shawnee Mission]

"They are enemy combatants."

If we can prove they are soldiers that are not in uniform they are spies. No sure if they can be shot since there is no active and declared war.

[xone]

If we can prove they are soldiers

All that is necessary is to show they engaged in war against the US. There is no right to do so, so they become Illegal/unprivileged/unlawful combatants. These have no rights in LOAC.