Correct me if I am wrong. Isn't he an "unlawful enemy combatant" (does not wear an uniform and carry arms openly, so Geneva does not apply) and not a "traitor"

Correct me if I am wrong. Isn't he an "unlawful enemy combatant" (does not wear an uniform and carry arms openly, so Geneva does not apply) and not a "traitor"? OT. There's a famous Vietnam photo of a South Vietnamese executing a man in civilian clothes who is actually a North Vietnamese spy. IIRC that was completely legal.