Are you asking why he can be treated that way? Firstly, because foreign fighters operating in Afghanistan are technically classified as mercenaries or violent non-state actors as they aren't fighting for a state power. Secondly, because they aren't wearing military uniform, the Geneva Convention doesn't apply even if they are members of a state's regular armed force. If the individual intentionally targeted police or civilians in Afghanistan, then he would be treated as a terrorist- but it may well be a misnomer or a case of mistranslation- as it's quite common to just refer to any foreign national fighting for the Taliban as a "terrorist", even though they're actually insurgents. The Afghan government tend to hold all foreign fighters operating in support of the Taliban over the the Coalition instead of stocking them up in Afghan jails where corruption and overcrowding are rife. Technically, the US can try any individual suspected of, or caught, attacking their citizens in a foreign country under their own laws.
We've got enough open topics like this already, without adding one more. Put it in one of them, actually expand on what you are saying, and make an argument out of it. Perhaps would have been better suited to the "ask a question" thread?
This post has been edited by sivispacem on Sunday, Nov 13 2011, 17:03