We can't prosecute them under someone elses law.
Yes but they don't have the same rights. How about military law? Or how about making new laws pertaining to foreign nationals who threaten the US? Seriously, our government is getting worse and worse. Everyone is only interested in covering their own asses.
Its a good and interesting question. The Geneva convention was designed for countries at war. Terrorism is war without borders, more or less, or at least thats what the terrorists hoped, (to hide in the shadows). Pres. Bush declared any nation harboring or supporting them is at war with us, so that nixes the idea. Still, legally, it is a different kind of war and I agree that new laws probably are needed to deal with the issues.
Personally, I'd like the CIA to be able to just fill them with lead. When you are dealing with roaches you don't respect them, you just step on them. Roaches don't deserve the respect of law.