The Pentagon announced changes last week to the military tribunals that it has been trying to set up at the Guantanamo Bay naval base -- for years now -- to try terrorist suspects on war crimes charges. The tribunals, known as commissions, so far have been a total failure. Not a single detainee has been actually been put on trial. The system has been mired in litigation. There are serious problems of fairness and appropriate process for defendants who could face long prison terms or even the death penalty. The administration's changes improve the system in subtle but important ways, moving it closer to the system of courts-martial by which the military tries its own soldiers. But they don't entirely fix the problems.
http://www.washingtonpost.com/wp-dyn/content/article/2005/09/06/AR2005090601705.html
When you try to execute people without a judge, that is likely to happen.