Just a thought about the guantanamo prisonners situation and some of your argument.
If a not-US army, let say spanish, take some hundreds american activists and put them in a jail :
- these activists are not soldiers and don't wear uniform.
- they are not spanish.

So, following your idea, these american people should be kept and tortured cause they don't have any right ?

[Linked Image from w3.the-kgb.com][Linked Image from w3.the-kgb.com]