I understand your perspective. On the other hand current laws weren't built to fight terrorists, and frankly the same people fighting for interned terrorists now are fighting new laws to make it easy to intern them. So, our laws rise to meet the occasion, or they are deemed ineffectual and people abuse their power to take up the slack. We're not going to pass laws that allow us to hold these people indefinately, and many of these people will continue their "war".
Nature finds a way. It is a tenuous balance that keeps government in position to make these decsions. When people feel that justice isn't being done, they do what they feel they must to prevent what they see as inevitable. If a soldier feels deeply that a combatant is going to go on and kill, and that the government is just going to let him go, odds are slim that that person is going to make it past the long chain of soldiers necessary to get him back to a court.
You can have these people dealt with institutionally, distatsteful as it is, or leave it to soldiers to deal with such and live with the personal scars of their acts later. That is abuse of our military, imho, when they have no confidence that such people will be dealt with later.
The idea that we will invent crimes or create laws allowing us to hold these people forever is pretty optimistic, given the tone of this blog and thousands like it. That, in and of itself, is "lowering our moral standards", and as you say that is something we aren't prepared to do. In the end, we just hand the nasty responsiblity to brave soldiers and make scapegoats out of them every now and then...
