between Law of War advocates (the "military" approach; often coupled with "Let's take the gloves off") and Rule of Law advocates (the "law enforcement" approach) is phony, introduces an artificial dichotomy that does not exist under present US law, and has become a "litmus test" for whether you support the Obama administration or not. In short, a lot of smoke and political spin.

Under US law as it presently exists (subject to change primarily by the executive and legislative branches), we are in a state of armed confict with certain named or defined groups. As such, the US LOAC (Laws of Armed Conflict) apply. Under them, people who are security risks may be detained or interned for the duration of the conflict or until they cease to be security risks: regular combatants under GC III (EPWs); irregular combatants under Common Article 3; and civilians under GC IV. Interrogation across the board is subject to the Army Field Manual. The DTA (Detainee Treatment Act) generally applies.

Detention and internment are separate from prosecutions, whether under domestic criminal law, "war crimes" legislation, or "anti-terrorist" legislation. Here are the two US paths:

1. Prosecution in the Federal courts.

2. Prosecution before military commissions under the MCA (Military Commissions Act).

Frankly, the proponents of each pump up its supposed advantages; and the opponents of each its supposed disadvantages. In so doing, they often manage to expose their abject ignorance of the subject matter.

I believe it is a good thing that we (US) have two arrows in our quiver. The trick is to use wisdom and discernment in picking which arrow to shoot in each particular case.

The foregoing is obviously a personal opinion commentary.

Regards

Mike