Well, then you just state the facts. You obviously captured them for some reason, in some place, doing something that you regarded as an act of war. You so state. Nothing more.
Your problem is that you are trying to make this too hard. It isn't hard. Just hold a neutral hearing, with adequate representation, and confine the guy as a prisoner of war or as an unlawful combatant.
By the way, under the Geneva convention, the individual does not lose all rights because you classified him has an illegal combatant. In fact, you are required to treat him as a POW until you can bring evidence to prove that he was an unlawful combatant. It is a higher standard of proof, not a lower one.
Do you think they just sweep up everyone they see and sort things out later like a bunch of locusts eating everything in sight? That is Bush derangement thinking.
I guarantee each capture has some information about why and where.
I trust the military enough for that.
Why don’t you?
Our servicemen live under the UCMJ. The islamist dirtbags will get radical DC law firms. How Utopian.