Bleeeech. I like the Judge on most things but we are not talking about ‘criminal’ acts we are talking about acts of war. Prisoners of war do not have rights as such.
It is a wonderful academic exercise to chat about natural rights and due process. These POWs are getting better than most since in times past the trial (if one was held) was usually on the field of battle with execution shortly thereafter.
As to torture....water boarding may or may not be torture. But I will tell you what give me a man like Allen West who protected the lives of his men by invoking ‘scary’ techniques rather than the milk toast wimpy crier against torture.
I don't see how we can force even what we consider ""inalienable rights" on foreigners much less enemy combatants.
A civilian style trial is foolish and unwarranted.
Should have just quietly killed them as they became no longer useful.
We must relearn how to defend ourselves.