>So I guess the question is, is he an Al Qaeda "soldier", which some would say makes him a prisoner of war, or just an average street thug?
You seem to be missing the message others are trying to deliver. The real question is how the heck would we know, if there is no trial, no defense and worst of all, not even charges?
"The five senses obstruct or deform the apprehension of reality."
Jorge L. Borges?
"Premature optimization is the root of all evil in programming."
Donald Knuth, repeating C. A. R. Hoare
"To die for a religion is easier than to live it absolutely"
Jorge L. Borges