Can't get them for torture as they were enemy combatants. Can't get them for violating POW rights and policies as they were enemy combatants.
The US government's designation/use of this term "enemy combatant" to refer to POWs — POWs generally being captured "enemies" engaged in "combat" — for the purpose of skirting international law — is tantamount to my getting out of a speeding ticket by telling the judge I wasn't speeding, but engaging in "enhanced-velocity travel" or some such bullshit. If we (as a supposed "nation of laws") are to accept this ridiculous, ongoing wordplay, we may as well resign ourselves to fully embracing the concept of a US government-produced "American Newspeak" vocabulary, and the degradation of our ability to engage in meaningful dialog that such acceptance would entail.
I'd be interested to see a list of the "American Newspeak" euphemisms coined for various war crimes and Constitutional violations over the years, categorized by US presidents' administrations. I'm willing to bet that this American Newspeak's vocabulary size has been expanding at an increasing rate during the past few administrations, much like we've witnessed the accelerated expansion of other facets of a totalitarian police state: mass surveillance; militarized police forces; world-record incarcerations (and the rise of the private prison industry that lobbies for draconian laws and sentences (and increasing the slave-labor workforce beyond pre-Civil War numbers); persecution/prosecution of whistle-blowers; over-classification of government documents (often to hide unconstitutional activities and war crimes); government infiltration of peaceful/law-abiding groups; mass arrests at peaceful protests; mass deportations (without regard for the families shattered); undermining the critical function of the free press; and so on...