So, give references to international law about what exactly qualify as a war -- and what does not?
Because obviously, the top law specialists don't agree with you -- presidents aren't above the law.
Edit: Here is the US law about unlawful combatants: https://en.wikipedia.org/wiki/Military_Commissions_Act_of_20... It came after a decision from the US Supreme Court. (Another Supreme Court decision says the unlawful combatants are protected by the Geneva protocols.)
Edit 2: I asked for references and got nothing in the answer below. Enough for me.