Generally speaking, Mel, yes, it would be illegal. The RoE (based in international law, but not the same thing as international law) have to account for aircraft that are diverting with an emergency, unintentionally off course, defecting or even on an approved mission (possibly unknown to the mil in attendance). For the same reason (as an example) an aircraft dropping parachutists may not meet RoE as enemy soldiers as it could be a crew bailing out. Tricky things, RoE.
Time for a strongly-worded letter to the Times, Stanwell.