Normally you have to be at war with another country and if he had been caught on the field of battle or a member of the Gov. or army then the POW would apply. The other problem is there enough usable evidence to even bring him to trial, if court doesn't allow torture statements.
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U.S.: Russia violated Turkish airspace despite warnings, but dialogue needed (Reuters)
from the article: Report: U.S. trial unlikely for self-proclaimed 9/11 mastermind