In war there are 2 types of people: Combatants and non combatants.
If you are a combatant, then you fall into 1 of 2 sub categories:
If you wear a uniform and are in the military of a sovereign nation, then you are a soldier and if captured you are a POW and are afforded the rights of a POW under the Geneva convention. One right is that you will not be put on trial. And, as a POW you are held until the end of hostilities.
If you dont fall into the above category, then you are a spy and basically have no rights. You can be summarily executed on the battlefield.
With that said, I would hate to think that some Afghan reported that another Afghan was a terrorist, just so he could steal his goats or poppy fields or for what ever bogus reason and then the innocent guy gets sent off to be tortured.
But Obama is talking about releasing the guy who planned the attack on the US Cole and releasing the guy who planned the attack on the marine barracks in Lebanon. If Obama releases those guys, he shouldn't be saluted by military members ever again.
For you "Bill of Rights" idiots. If our military is in a fire fight in Iraq and we capture people who were shooting at us, they have nothing to do with our bill of rights.