People are mad that we are not putting these guys through a military tribunal or whatever they want to call it. But let us remember this, when they were captured we more than likely called them unlawful combatants... which excludes them from article 4.1.3 of the Geneva Conventions. - Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
Unlawful Combatants - individuals ... to be detained, and, when tried, to be tried for violations of the laws of war and other applicable laws by military tribunals." May be detained or prosecuted under the domestic law of the detaining state for such action.
"The judgement quoted the 1958 ICRC commentary on the Fourth Geneva Convention: Every person in enemy hands must be either a prisoner of war and, as such, be covered by the Third Convention; or a civilian covered by the Fourth Convention. Furthermore, "There is no intermediate status; nobody in enemy hands can be outside the law,"
So it comes down to this, do we uphold the part of america that holds its faith in due process and a right to it? We are signers of the Geneva Conventions and the "unlawful combatant" presidential order was seen as undermining and a work around of those conventions by human rights groups. We should not weaken our resolve by letting go of the little shoe strings that hold our country together. We are a part of the world stage and should live by and hold ourselves and others to the agreements we make.