Chris Hedges among others is suing the Obama Administration over the indefinite detainment provisions of the NDAA. If this case makes it to the Supreme Court, and they don't strike it down as clearly unconstitutional, then it means the America of our forefathers is dead.
"We are fighting a war on terror. End of story."
At the cost of your own liberty? At the risk of sounding cliched, then the terrorists have won!
The swarthy, dark, skinned people you describe (not all such dark skinned people)who are sworn to our destruction, who behead journalists for being Je wish or American or both, who persecute woman , who blow themselves up along with many innocents in false martyrdom and who do a lot more torture than water boarding do not earn any rights from us. No reciprocity. So, if any that tactic yields information that prevents mayhem on Americans or our allies is fair game.
This isn't a question of constitutional law. War is h ell.