Shifted Burdens: The U.S. as Detainer of Last Resort

I agree with the author, that the US should not allow "burdon shift" by European countries who are balking at taking back their national fighters from the conflict in Syria. I agree that if these countries were more fastidious in screening their nationals who might want to join such conflicts in the first place they could retain them - which is the reason they now do not want them back for their propensity to engage in violent or disruptive activities. This said, the analysis in this article overburdens the reader with extraneous discussion on how carefully they feel these poor fellows should be treated after the end of hostilities. The article ignores the 800 pound gorilla in the middle of the room: These detainees are UNLAWFUL COMBATANTS, and therefore have earned ZERO rights, as per the Geneva Conventions and Law of War. The question is, do theserules apply to these fighters? The Conventions neatly define sttus roles in armed conflict. They establish who is a lawful combatant, who is a protected person, who is a civilian. Depending on one's status, certain rules of treatment and conduct are applied. With unlawful combatants, including those previously and currently held at the US military detention facility at Guantanamo Bay, Cuba, they have earned no rights, no extra legal privileges in the eyes of Geneva or the Law of War. These individuals may be shot dead on the battlefield. I am not advocating that now, but as a contrast, if they had been lawful combatants, Geneva and the Law of War would apply, and the individuals would be transferred, with the assistance of the International Committee of the Red Cross (briefly mentioned in the article, almost as an afterthought). After the First Gulf War (Operation Desert Storm), thousands of lawful combatant Iraqi soldiers were repatriated to Iraq, without penalty or mistreatment. The ICRC facilitated the transfer as per international agreement. My question is, where is the ICRC now? They had a heavy presence at Gitmo in 2002, when that mission was stood up, I was there with them. They had tremendous access to the detainees, interacting with them and us frequently and intimately. Where are they now? Why aren't they part of this discussion? Why aren't news agencies hounding their heels for what to do with the nearly 800 ISIS fighters now left in Syria, surely they have an opinion.