That’s pretty much what the Supreme Court is opting for when they decided today, in a 5-4 call, to allow Gitmo terror detainees the right to trial in US civilian courts rather than military tribunals.
But what about killing unlawful enemy combatants in the field and saving all the costs, whining and trouble? Well that’s still legal. Has been for nearly 400 years. And also pretty resistant to inflation.
I think I know what orders I’d be giving in the field in this war on terror. And that would be to not act like it’s an actual war, and not like you’re collecting souvenirs.