Happily for us all, Kevin Williamson has proposed a good solution to the Gitmo problem:
But the usual framing of the question — keep them in Gitmo or send them to some federal Supermax — presents a false choice that ignores a seldom discussed option for dealing with these prisoners.
I refer, of course, to the relatively straightforward expedient of shooting them.
The prisoners held at Gitmo are, for the most part, what is known under international law as “francs-tireurs,” non-uniformed militiamen who conduct sabotage and terrorism operations against occupation forces. Under Article 4 of the Geneva Conventions, fighters eligible for the protections extended to prisoners of war are obliged to meet several criteria, including the wearing of uniforms or fixed insignia and — here’s the rub for the Islamic State et al. — conducting their operations in accordance with the laws and customs of war. Non-uniformed militiamen and insurgents sawing the heads off of Wall Street Journal reporters do not qualify for Geneva Convention protections. They are, under the applicable international law, subject to summary execution, as are captured spies, terrorists, and the like.
So: Why not shoot them?