>>>So, it's a war except when it isn't, and it isn't a war except when it is. They are at war, but when they're captured they don't get any of POW status and no law applies to them;
>>
>>They do not get POW status as they are not soldiers. I do agree that they need to be charged and tried.
>
>In a regular court, if not military, not the special monkey courts where they can't even see the evidence against them (which, I presume, can't be seen by prosecution either, being nonexistent in many cases).

It appears this matter is now settled as the Administration has reversed their policy and granted Al Qaeda Geneva protection. I can't say I agree with this, but in light of the Supreme court's decision in Hamdon vs. Rumsfeld I don't think they had much of a choice.

http://www.ft.com/cms/s/e1de1572-1089-11db-8eec-0000779e2340.html