here a good question that requires a context...
Please be mindful that the prisoner is not a prisoner of war and therefor not intitled to the conventions of the Geneva accords that would govern his capture.
It is important that the prisoner not be taken on American territory, for then he would become intitled to the rights of all those within our national boundaries.
At present, it is better policy to affirm his status as an international criminal and make sure his custody is not in the US.
BTW, this is the reasoning behind keeping the Al Quaeda and Taliban from the Afghan campaign in rented property in Cuba. They have no rights.
I guess you could call this privitization of international police practice.
Publius