Really, when all that differentiates us from our enemies is precisely the law. Do not be so quick to throw away the law. Our Constitution is a rarity.
I'm not willing to throw away a major metropolitan area. So the law has it limits, especially to an enemy that respect none of ours. Where do we owe any rights to a sworn enemy who is alien to our whole system? One or two people get pampered while millions are exterminated. Simple choice to me.