[Dudebro]

I agree this isn't serious enough for the debate section.

To answer your first question I think it would be considered a war. I assume these bad guys would be trying to destroy/rule the world, that puts them above the petty crime category. The super heroes should kill the bad guys if they aren't able to reliably lock them up. Someone who is able to cause catastrophic damage to the earth and/or it's population is too big of a risk. I always hate that about super hero stories, just put them down and spare us their next big attack.