This means that they don't want to comply, but expect us to.
I think it us who want us to comply with the law whilst acceptign that terrorist dont. I dont think AQ is likely to take a case to court from breach of their human rights. Basically if we wish to take the moral high ground it is imperative that we take the moral high ground...do you really think we are ?
As for the non combatants thing being legal - can you imagine the US reaction if Iraq/Syria did this with US citizens then sent them to North Korea?
It may comply with the letter of the law [ bet it took the ;lawyers and double speakers ages to work out some ruse tbh- but it does not comply with the spirit of the law ;it is basically state sponsored kidnapping of largely innocent individuals.
Whilst we berate them for not respecting human rights and their treatment of people.