NO - NOW WAIT A MINUTE, stick with me ... we're not an occupying power are we? Not under the specific legal definition under International Law I think. And there is a legally constituted and recognized government (sorry Honduras, you don't count). Are we not there at the invitation of the Afghanistan gubermint now? yes, so these are their prisoners and perhaps we should give these 600 or so over to the tender mercies of their countrymen.
See, that wasn't so bad was it?