[Jeff Higgins]

Applying our Constitutional protections to non-citizens, and combatants at that, sounds a bit dubious. We can certainly apply the protections applicable under the Geneva Convention to conventional combatants who recognize those rules themselves; we apply them reciprocally. However, when those combatants refuse to follow those rules themselves, they should not expect (or demand) to be protected under them.

This is a classic case of attempting to apply old rules to a new situation. We have not adapted our rules to these sorts of combatants. They are using our own rules against us, knowing full well themselves that they are operating outside of those rules. And they intend to keep doing so, once they use those rules to get out.