American citizens have the right to face charges if they are detained. This is the habeas corpus and is old like 1215. They also have the right to not be tortured, which is cruel and unusual punishment. Capital punishment is also cruel and unusual, and is contrary to the inalienable right to life. All men are created equal, so the death penalty is inexcusable in any trial proctored by the US around the world All men created equal also receive all Constitutional and Bill of Rights documents afforded to every American.

Detaining POWs without charges is in violation of these principles. They have the right to habeas corpus, even if it is being on a battlefield and firing weapons against enemy forces. That is charge enough for detainment until charges can be realistically filed. If charges cannot be filed the person must be freed. If charges are pending they can be held until those charges are brought, only to be restricted by a fact finding period [say, of 90 days, so they can search the battlefield] or by the waiting cases of other defendants. Or by special delay by notified reasons from a grand jury or other high court. [In the interest of fairness and civility.]

Torturing POWs is against the law of America by means of the 8th amendment, is war crime, is against the Geneva Convention and other international treaties to which the United States is signatory. Torturing civilians or any other prisoner is against the same law.