That's indeed how it usually goes with these lunatics.

1) Commit war crime.

2) Face the music for a moment.

3) Go to a friendly podcast and raise support (just say you have trauma and pain, and the people you've killed were animals anyway).

4) Become a free man.

5) Optionally for Seals: write a book with a chapter about hell week (can be done @ step 2 as well)

Of course not a war crime because North Korea and the US are not at war.

Just a crime

Geneva Convention articles allow targeting civilians only when they directly participate in hostilities. Other than that, a willful killing of civilians is always a war crime. The Pentagon setting its own rules of engagement does not change anything.

Following the same rules, civilian defender in the US will find him/herself in prison very quickly. Ability, opportunity and intent will not be proven by stating that the defender felt threatened.