You're studiously ignoring the point. Under that scenario, under Geneva Conventions, that would not be a violation.
Well, forgive me if my impression is incorrect, but isn't it true that guerillas and partisans are not afforded the same protections under the Geneva Convention as uniformed combatants? Isn't that why (our justification anyway) we are holding those caught with the Taliban in Afghanistan at Gitmo without affording them access to normal criminal (or even UCMJ) proceedings? In which case this guy-if caught out of uniform-would not be afforded the same protections as a regular combatant and there might be some question as to whether or not LTC West's actions are punishable or even actionable.
His status matters, and if he is a terrorist (since he was presumably acting against military, as opposed to civilian, targets I would prefer to say guerilla or partisan, but the administration has chosen its terms for the war and those we are fighting) then we are allowed considerable leeway in how to deal with him no?