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I believe the U.S. is caught in a lose/lose position of trying to determine the status of those at Gitmo. Are they POWs or are the simple criminals? They clearly don't fit into either of these catagories. They are somthing completely different that the Geneva Convention did not envision. They are not really POWs under the Geneva Convention definition of the word, and even it they were, POWs don't get trials. They are something more than simple criminals. You go beyond that when you attack the military forces of another nation. There is definately a need to remove these people from the battlefield, and calling them POWs would fit there if they were actually part of another nation, but they are not. So what are they? I dont know, but my first suggestion would be a complete revision of the Geneva Convention.