I know it was coincidence, but I found that phrasing very amusing...
Now, as to the Bad Guys' status, I don't think that they are POWs and should NOT be treated as such. If their "army" hadn't deliberately attacked civilians in New York on 11 September 2001, then I might think they were entitled to POW status.
Maybe after the Afghanistan government gets itself set up, we can repatriate these Bad Guys there for Afghani justice?
That is an excellent suggestion!!