davo...toooooo narrow, mate!!!
The world has moved WAY past the notion of nations with borders invading by invasion.
The notion of restricting the engagement as you described completely misses that change.
Indeed many acts by AQ and with the support of nation states including embassy bombings, attacks on ships etc are clear acts of war.
Your definition simply wouldnt work.
Same as in Israel...capturing "militants" (read terrorists)...are they criminals or combatants?
Are they instruments of the govt or splinter groups?
Is blowing up a cafe full of civilian in the name of the political aim an act of war or a crime?
Now with Hamas in power how does that change it?
The many groups under the PLO led by Arafat were part therefore of the govt - or not?
The old adage applies.
If it walk like a duck, smells like a duck and sounds like a duck
...its a bloody duck, mate!
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