If the Supreme Court ruled you have no right of speech, religion, or no right to own a firearm would that make it legal? Read what the Constitution says about due process and decide for yourself if this is constitutional. Personally I don't need a half dozen men in black tell me what the meaning of plain English is. Unlike Bubba I know what the meaning of is IS.
In that case the Supreme Court traced the history of the Rules of War to show that is how they were treated since the revolutionary war.
The news accounts stated that he was doing "reconnasence" this time. That is another word for Spying.
The Court also said that the Constitution is not a suicide pact. Law enforcement is not set up to deal with these guys. The Rules of War are. The Rules of War were passed by Congress back in the 1800's. Have also been modified a few times according to the case cited.
Durring the Civil War a lot of Southern Spies and such were hung.
It is not a new thing.