Not a soldier after all?

I've been thinking about Aafia Siddiqui, the Pakistani scientist who was just "convicted on Wednesday of trying to kill American military officers while she was in custody in Afghanistan".

See, the people she tried to kill had her in custody as a suspected al Qaeda terrorist. So by charging her with attempted murder, are we not saying she was a criminal, not a combatant? Criminals don't get to try to kill the cops who've arrested them, but combatants - soldiers, ours or anyone's - surely get to attack the soldiers who have captured them. Right?