In a word... No.
KSM was a combatant and Operations Officer at AQ Central. Executing him as an unlawful combatant, criminal or brigand on the battlefield would have been acceptable in the Geneva Convention ... unless I am mistaken they can be shot or hung. However once captured the rules apply. We could have interrogated him, tried him and executed him in less than a year but we decided we knew so little about AQ that we had to throw away any semblance of honor and resort to torture.
I reread the book yesterday and before I fly out the the sandbox today i will get a more detailed reponse up.
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