Un uniformed individuals, not belonging to a military organization, wearing civilian cloths, fighting amongst civilians have no rights at all. It is, and we have done, and in my opinion proper to, if so desired, be summarily shot on capture.
The Geneva conventions allow this.
I would of ordered, and done this as President.
But we didn't. Instead we invented this quasi-legitimate status that left us wide open for being bitten. Which we have.