Actually the laws of war on the subject of militias are somewhat more complicated. If Bubba and his buddies from the local watering hold decide to take their deer rifles and shotguns and pot some invaders, if they are caught they are Francs-tireurs (a term coined in the Franco-Prussian War) and can be legally tried for murder and executed. If, on the other hand, they are mustered in to the "Moonshine County Militia" by a competent legal authority, wear distinguishing insignia/armbands, have a command structure under "Lt Bubba" who reports to a higher authority, then according to the laws of war they are legitimate combatants and entitled to the Geneva Protections. The reason for these very specific distinctions is that in war soldiers killing soldiers is legal, soldiers killing civilians (deliberately) and civilians killing soldiers are both illegal and hence murder.
The allowance for "insurgents" who do not meet the requirements for legitimate combatants was added in the 1970s in the wake of Vietnam, and this protocol has not been signed by the USA and many others, and in any case would not apply in this OP. Absent huge shifts, both the US and the British Empire are not really going to want to get in to a lot of hostage shooting and the black flag.