The problem, of course, is they can't be tried – the consequence of Bush's incompetence and stupidity.
While the idiot Bush was indiscriminately detaining terrorist suspects, he failed to gather evidence of their alleged guilt, or determine if indeed they were terrorists at all.
Then they should be repatriated to wherever they came from. If they couldn't even be charged under the very relaxed standards of a military tribunal, WTF are we holding them for?
they are prisoners of war. They have declared war on us in their own warped minded way. They are not criminals. They are not murderers from a war standard. They are prisoners of war and until they have admitted defeat and cease all hostile actions against us and our allies, they remain prisoners of war.
Assuming these people are Actual terrorists and not just random people turned in to us for cash, try them. If we could try Nazis and Japanese for war crimes, we can try the Gitmo prisoners too. Try them, convict them, sentence them, and execute the sentence. That's justice, not holding and torturing them for years without any charges being brought.
what war crimes did they commit?
Killing Americans when they are at war with Americans is not a war crime.
Planning on killing Americans when they are at war with Americans is not a war crime.
Just because we call them terrorists does not change the fact that they are enemy combatants just as our soldiers are enemy combatants.
If they captured one of ours...and tried them for "war crimes"...claiming that the war crimes was the fact that he/she was trying to kill them.....
How would you react if they tried him/her, found him/her guilty and executed him/her?