War these days does not work as it did in WW2.
Compare al-Awlaki's case to that of bin Laden. He and three or four of his comrades were offed in Yemen, in an international and hostile context. If either bin Laden or al-Awlaki had been rubbed out without due process in similar fashion in the United States, some folks would be up on Murder I, I would expect.
That’s because it isn’t war.
It is political paddycake with people who literally want your head.
Only if they’d been rubbed out in the courtroom. There’s no trial because the AlQaida gangsters and their running dog lackeys won’t cooperate so they have to be dealt with where ever and when ever they show up in a decisive manner.