re: same kind of war.
A lot of people on the blogosphere have been linking to this as a general overview of the situation.
Note that apparently it would be perfectly legal under international law and Geneva to run them through a tribunal and shoot them. Don't know if threatening to do that would be considered torture or not. The term is very broad, now.
I should point out again that the terrorists are playing this situation like a fine Stradivarius, and I can only imagine how they would exploit public trials. It's not like hitting the buttons on the American left is that hard--they're two feet wide and lit in neon.