Actually, this is war, just not 'war' as has been defined by history thus far. The AlQueda declared war on us on 9-11. The fact that the AlQueda is operating out of 60 or so different countries throughout the world, forces us to redefine our previously held rules regarding 'war'. It is our right and obligation to protect ourselves from foreign invaders, therefore it becomes irrelevant that these invaders are scattered throughout the world.
If the rulers of the nations where the AlQueda exist wish to assist us in ridding their country of these terrorists, then they will not become another Afghanistan, whose government refused to turn over the AlQueda.
This is war, and summary execution is justified. In fact, I prefer it to the media circus that John Walker's trial is becomming. Battlefields and Miranda rights just do not group well together.
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations
This was an Offence against the Law of Nations, not an act of war, unless al-Qaeda is a country.