[I am out of control]

The Pentagon might also argue that al-Qaida members were not part of the Taliban's regular armed forces. Traditionally, irregulars could only benefit from PoW status if they wore identifiable insignia.

Given this argument, an American citizen who took up arms to protect himself from an invading force would not be subject to the Geneva conventions, and would therefore legally be subject to any abuse his captors decided to inflict.

[Pilsner]

Given this argument, an American citizen who took up arms to protect himself from an invading force would not be subject to the Geneva conventions, and would therefore legally be subject to any abuse his captors decided to inflict.

Actually that is exactly how the law of war has worked for the past couple of hundred years. Altough the brutality of the Nazis and Soviets stands out, nobody treated partisans with kid gloves.