from George
Be interested in how you see what we do now with released Gitmo terrorist Taliban who is now commander of all Taliban terrorist operations for Kandahar Province in Afghanistan.
we kill him.

From DoJ memo (full quotes above):

Moreover, the Commentary to Additional Protocol II draws a clear distinction between individuals who belong to armed forces or armed groups (who may be attacked and, a fortiori, captured at any time) and civilians (who are immune from direct attack except when directly participating in hostilities).
Time to revise our "self-defense" ROEs to get with the Laws of War ?

Or, if he surenders again, accept the same and detain until the armed conflict with his group is terminated.