No expert, but my reading of 11.3 of the Military Code, Dept of Defense, Law of War Manual, does not apply to the continental US. It applies when Congress has declared war outside of the US.
The military is subordinate to Congress, which is subordinate to the Constitution. It is not subordinate to the Executive Branch.
I’d appreciate it if you would point out the part of 11.3 they are operating under. Serious request - not trying to be a wise guy.
The military falls under the President (Commander in chief) and is part of the executive branch. However, the military does have to follow laws legally passed by Congress - just like other departments in the executive branch.