Rekna, it has nothing to do with placing someone over anyone else.
One last time since you really don't seem to be grasping this concept. These guys were apprehended by the military, after congress gave consent to the president for military action. As a result they are subject to the law of the military, not common civil law such as myself or you. Furthermore in time of war the President is afforded certain rights by the constitution, such as appointment of tribunals, hence these guys could never see the inside of a proper courtroom and it would be perfectly legal.
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To win a war you must serve no master but your ambition.
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