Sure, the easiest way out of your dilemma is to just declare everyone killed to not be a civilian, and define every enemy to be out of scope of any restraint.
By that metric there are never any dead civilians and no rules apply.
Kinda sounds as if you are looking for excuses to make these rules you yourself brought up not apply to any real situation.
I really, really wanted to avoid making fun of of your "gifted brain power".
Your argument is so lazy, I am starting to doubt your godlike intellect.