Hypothetical legal scenario: Civilians lynch captured military enemies

Factual Questions
1

Hypothetical wartime scenario:

The USA and an enemy nation are at war - formal declarations of war, etc.
The enemy nation begins long-range bombing raids into the United States, carrying conventional bombs. Extremely improbable scenario, but let’s just roll with the hypothetical.

An enemy bomber is shot down over US soil and an angry mob of American civilians lynch the captured enemy pilots.
Now, assuming the U.S. legal system knew the lynchers’ identities and could arrest them, what would they get charged with?

Homicide, just like killing an American in peacetime?

Something other than homicide?

No charges at all? (assume self-defense does not apply; the enemy pilots could not resist.)

2

I think the crime would be homicide, but I doubt any DA would choose to prosecute. Where is he going to find a jury that’s going to convict?

3

If the downed pilot is still trying to fight back when he’s killed, no charges.

If he’s taken captive and rendered a noncombatant before being killed, homicide.

But a court is going to have a heck of a time proving that it was the second rather than the first, even if it’s true.

4

Legally, it’d be the same as if the enemy pilot were an innocent tourist or even a citizen, if the pilots didn’t resist. As I understand it, the Geneva conventions state that prisoners of war are subject to the same laws and protections as citizens or other non-enemies.

5

Are civilians held accountable to the Geneva Conventions though?

6

That’s about the only way they could hang him. :slight_smile:

7

This, in America–luckily–is a little too cynical.

8

Would something like this remain in the civilian court system?

Would the civilians fall under military jurisdiction for killing a POW? War Crimes, or whatever is lesser than War Crimes.

Could it be safely assumed that some type of Martial Law is in effect?

9

I would presume that the country at war with the US would charge the civilians with murder. The US did just that with Omar Khadr- bombed the hell out of where he was living and then arrested him for murder when he fought back.

10

Yes. I can’t remember the exact statute, but American citizens are legally bound to abide by the treaties and such agreed to by lawfully appointed representatives. (Much the same way fda, fcc, faa rules carry the weight of law.)