In WWII we afforded German soldiers, men who were involved in one of the greatest genocide recorded, the status of soldiers and POWs. After the war, leadership was publically tried and sentenced. Soldiers were repatriated. As a former military person, I am very alarmed that I could be held indefinetly, tried for defending my country and have it all done in complete secrecy from my countrymen/ family etc. You do not need to have conducted any attacks against America to go to GITMO.
The criteria for going to GITMO is basically do we think he knows something? The reasoning baffles me. I had a very high security clearance and was involved in a lot of planning, and I couldn't have told an interrogator anything of real use--why would some guy dragged out of the hills in Jalabad know anything useful? but I digress.
I am perfectly happy to hold them as POWs. I am perfectly happy to try them for war crimes in public. I am perfectly happy to turn them over to the Afghanny military---there are fewer than 500 people---if they can tilt the scales of battle, them we don't have enough people in the field-- but what is sure is they can tilt the scales of justice (nice segway huh?) and that is precisely wrong.
I am sure that every round shot at me in Afghanistan was puchased by the United States---the world is full of irony. But I would rather fight a man I had already proved I could capture than risk harming the COnstitution or wrongfully imprison an innocent man or an honest soldier (which I am sure we are doing). I would say that is probably a unique --or certainly minority opinion. I am certainly more concerned about the sons of someone who we have "disappearred" cimmitting acts on US soil, than I am about someone whom I have fingerprinted, photographed, collected DNA from and (hopefully) treated in as kind a fashion as I could.