There was no reason, whatsoever to release these barbarian terrorists, none whatsoever!
Were they convicted of a crime in an American Court or an International Court?
Nope.
Then there was no reason to hold them.
Last time I checked, we lived under the rule of law.
Either you convict them of crimes, other than being on the losing side of a war, or we release them as part of the end of hostilities.
Should point out, we held these guys for 12 years. This is longer than we held most Nazi and Japanese war criminal after WWII. (By 1957, 12 years after the end of WWII, we were still only holding THREE high ranking Nazis. Only one actually died in prison.)
NO legal reason was required to hold them. They were not American Citizens nor were they in America.
They were and are ENEMY COMBATANTS and therefore not entitled to any Geneva protections.
You should read up on the Geneva Convention.
Customary IHL - Rule 3. Definition of Combatants
The US Manual for Military Commissions (2007) states:
“Lawful enemy combatant” means a person who is:
(A) a member of the regular forces of a State party engaged in hostilities against the United States;
(B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command,
wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or
(C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.
These guys qualify, as they were legitimate government leaders at the time of their capture.
The elephant in the room is that we violated the Geneva Conventions by interrogating and torturing these people.
We had no legal right to hold them as neither criminals nor POW's. But we did.