Foreign Fighter Classification \ Jurisdiction
<p>Two <a href="https://abcnews.go.com/Politics/isis-beatles-transferred-syrian-prison-us-military-custody/story?id=66172473&amp;cid=clicksource_4380645_null_headlines_hed" rel="nofollow noreferrer">British nationals</a> are alleged to have executed Americans under the guise of ISIL and are in American military custody. Assume that the suspects remain in American custody and are not transferred to Britain or any other body.</p>

<ul>
<li>What are the subjects labeled as?  Enemy soldier combatants?   Common criminal?</li>
<li>What US venues would have jurisdiction to try the Britons?  SDNY? </li>
</ul>

<p><strong>What are the subjects labeled as? Enemy soldier combatants? Common criminal?</strong></p>
<p>The wording of the charges, taken from the Department of Justice's <a href="https://www.justice.gov/opa/pr/isis-militants-charged-deaths-americans-syria" rel="nofollow noreferrer">press release</a>, suggests they are both common criminals and terrorists (allegedly):</p>
<blockquote>
<p>Kotey and Elsheikh are each charged with:</p>
<ul>
<li>conspiracy to commit hostage taking resulting in death</li>
<li>four counts of hostage taking resulting in death</li>
<li>conspiracy to murder United States citizens outside of the United States</li>
<li>conspiracy to provide material support to terrorists — hostage taking and murder — resulting in death</li>
<li>conspiracy to provide material support to a designated foreign terrorist organization resulting in death</li>
</ul>
<p><sub>re-formatted</sub></p>
</blockquote>
<p><strong>What US venues would have jurisdiction to try the Britons? SDNY?</strong></p>
<p>Their first appearance was in the Federal Court at Alexandria, Virginia in October 2020, and I cannot find anything to suggest any change of venue applications have been made - but it's early days relatively speaking. (Also, they're no longer British citizens.)</p>
<p><strong>UPDATE</strong></p>
<p>The <a href="https://www.google.com/url?sa=t&amp;source=web&amp;rct=j&amp;url=https://www.justice.gov/opa/press-release/file/1325721/download&amp;ved=2ahUKEwj1stq9mPrxAhWHY8AKHUXSALEQFjAAegQIAxAC&amp;usg=AOvVaw1CIwBBncRTqFaasSl7eyZ0" rel="nofollow noreferrer">Eastern District of Virginia Indictmement</a> refers to Kotey and Elsheikh as both <a href="https://www.state.gov/executive-order-13224/" rel="nofollow noreferrer"><strong>Specially Designated Global Terrorists</strong></a> and <a href="https://www.state.gov/foreign-terrorist-organizations/" rel="nofollow noreferrer"><strong>Foreign Terrorist Organisation</strong></a> <strong>(FTO) fighters.</strong></p>

criminal-law international laws-of-war terrorism