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They would be prisoners of war if that was the case.
America has not granted them this status, to avoid having to fulfil human rights conventions specifically concerning prisoners of war.
To put it simply, it is not legal to go to another country, arrest someone, take them back to your country and lock them up - without charging them with any crime, without proving in a legal court any wrong doing, and without treating them as prisoners of war.
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"Do not tell lies, and do not do what you hate,
for all things are plain in the sight of Heaven. For nothing
hidden will not become manifest, and nothing covered will remain
without being uncovered."
The Gospel of Thomas
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