1. If apprehended not on US Soil during a named Military Campaign, then they should be held as Prisoners of War under the Geneva Convention and released upon ending the war.
2. If apprehended not on US Soil with the foreign Government's approval, they should be tried under the laws of the Country they were apprehended unless extradition applies. Then they should be tried under US Law.
3. If apprehended on US Soil, they are subject to US Laws and should be tried according to the US Laws, but treated humanely and given constitutional rights.
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