Okay...back to square one and the Geneva Convention...
If I'm taking fire from an unknown source, and have a chance to capture anybody in the area, that's what I'm going to do. The Geneva convention is clear on this...
1. Uniforms. Any person captured who may have been shooting must be in uniform to get POW treatment. If they aren't, and we can 'prove' they were shooting, then we
can shoot them out of hand. Unfortunately, if there are'nt proper controls, you can end up shooting a whole village to get one, or two, gunmen. The proof? A bullet whizzing by your head is proof enough that there is hostile intent. If nobody tries to help you, or run away, then you have a situation where you might as well surround the place and take everyone prisoner. You can let some go out of hand because they are either too old, too young, or too infirmed to shoot. You do
not release foreign nationals unless they are members of the press, the peace corps, or any charitable group. At this point, everyone else is suspect. Perhaps you folks would feel better if we just lined them up in front of a wall and executed the lot of them?