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Well, since laws, especially international laws, are usually quite vague, it's quite easy to interpret them in different ways.
For example (to Pacifier):
if the Iraqis are nominally in control of their country, after the handover of power, and some people still fight the US troops... They wouldn't be resisting an enemy occupation, they'd be in fact fighting against their own government. That would kinda make them into criminals, now wouldn't it?
Also, resisting an occupation by killing innocent civilians, or by violating other rules of war, turns the same resistance fighters into war criminals.
Next, if the "insurgents" (or whatever you call them) don't wear proper uniforms, one might argue that they can actually classified as spies and saboteurs, allowing them to be shot on sight.
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