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.
Edited Feb-13 by marvelousmarvin