That would work if the opposing elements followed the same conventions. The opposing forces do not allow for independant monitors to visit, as those prisoners do. They are being tried for crimes that under international law would be found as atrocities of war (killing civilians with no military significance). Those being held are concidered opposition forces. The problem with what has happened from the bombing of the baracks in Lebanan to 9/11 is that there is no military or individual country. This is unlike any other war this nation has faced. We are at war with an ideology bent on the destruction of this nation, and not a nation in and of itself. How do you declare war on Radical Islam when this nation has the freedom of religion?