I'm not comfortable with the idea that the U.S. (or China, or anyone else...), feels it has a right to just pick people up on foreign soil - and when the offense seems to be mere affiliation, that's contrary to every American ideal I know of. We need to apply a sieve by which we can distinguish between legitimate combatants and people we don't approve of.
There is also the implication that the US needs to pick up as many "combatants" as possible for intelligence purposes, because the US, as Tim Weiner in Legacy of Ashes
argues, just can't do HUMINT. The Bush administration and its groupies always bleat that they need torture and illegal detention to gather intelligence. Why not improve HUMINT, or just get out of the way of the intel professionals? Or, are the professionals the enemy?
Besides, there's the Geneva Conventions. If the Bush administration doesn't like them, it's had two terms to convince the world to do something. Everyone else's an enemy I guess when you're a jackass, or a criminal yourself!