Most of the members od al Qaeda are NOT Afghanis. Ergo, your misstatement, that the were captured in " their own country " is a falacy .
The question could be resolved if Congress had an "on the floor" vote and defines "all" of the enemies instead of the "sense of congress" resolution they issued.
It seems to me that we are playing a semantic game here just like the liberal press is doing to protect the little rat traitor from treason charges. Is he an "illegal combatant" and, if so, why is he going to get a trial?