
Awlaki repeatedly attempted to do so and self-published videos of his actions and intentions. He can be considered an un-uniformed enemy combatant, so is not afforded any protection from the Rules of Land Warfare (it has provisions that say you can kill them as spies and saboteurs).
Lawyers who want to treat terrorism (and everything else) as a criminal offense, have a bad case of Maslow's hammer (everything looks like a nail). Hostis humani generis best befits terrorists.