In general yes you can make that distinction but more importantly this is a problem for peace time. No one would authorize a non-visual shoot down of a target

In general yes you can make that distinction but more importantly this is a problem for peace time. No one would authorize a non-visual shoot down of a target in a non-active AO and not during an actual conflict. If you are at the stage where you have factions duking it out in the skies especially these days were talking about a major conflict in which case there won’t be any civilian jets flying there anyhow.