Are you asking "is that the law" or "is that what the law should be?"
No, he has some rights. We can't just kill him.
That protection may not come from a 5th Amendment right to life though. It might come from the Geneva Convention.
However, I do know, that if a French terrorist 'of Moroccan descent", like Zacharias Moussoui living in Minnesota has a computer, that the FBI considers worthy of searching, they can search it without a warrant. He therefore has no 4th Amendment rights. Therefore, BARR IS WRONG.
The delay caused by that judge who did not grant permission to search ZM's computer could have caused many Americans to lose their right to life and property in New York city. The FBI should have just gone ahead and searched it, instead of being so afraid of the ACLU that they asked a judge - a liberal judge - even though they didn't have to.
And why you're so hung up on granting foreigners 4th Amendment rights, I will never understand.