Excellent post goldorak.
The whole problem that has arisen with the trials(and detention) lies with the misuse of legal definitions, avoiding applicable laws, using the wrong laws based on the wrong definitions and then the complications of attempting to make laws fit where they don't fit and were never intended to fit.
They have painted themselves into a corner and the only way out is to make a mess of themselves and their efforts to date
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I say try them by military tribunal and then execute them
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under what law?