[identity profile] selenite.livejournal.com 2006-09-18 05:04 pm (UTC)(link)
The Constitution protects US citizens and people on American soil.

The Geneva Conventions protect:
A. people who don't fight
B. people who fight by the rules (ie, in organized groups, in uniforms, obeying GC rules)

The old way of handling this was to promptly shoot people not in A or B. The USA did that in WWII. Now we're improvising. But it's still a legal vacuum.