> Members of these organizations which are captured are allowed to be held as POWs until hostilities are formally ended.
Members of these organizations are are not held as POWs. They are held and classified as unlawful combatants. There has not been (and will not be) any formal end to hostilities like history has known. Instead, we've seen agreements that say occupations are ending and troops are being withdrawn, but nothing that states hostilities are formally ended and peace is obtained like most people expect to be in place. This has a lot to do with not bothering to be in declared states of war any longer, because that opens states up to massive legal consequences and responsibilities that states, particularly the US over the last 50 years, are particularly interested in avoiding.
> What else is the US supposed to do? These men didn't necessarily commit crimes - prisoners of war are simply fighting for their country or side.
Charge them with crimes and provide evidence of their guilt or release them. Many detainees have not been "simply fighting for their country or side", which is why they are not POWs. They have been classified as unlawful combatants, removing their legal protections and dooming them to permanent incarceration.
> Try them? You're not really supposed to charge prisoners of war with a crime. I mean I guess that you can, but why?
You absolutely are supposed to charge POWs with a crime or immediately repatriate them upon conclusion of hostilities. But, again, these are not POWs. The US has gone to great pains to deny that protection, opting instead for a policy that affords them what we are supposed to accept as POW privileges in place of, you know, the rule of and fidelity to law. And because there are no official peace agreements that will ever be made for a war that was never declared, there is little chance we will ever see these prisoners released at the conclusion of hostilities--because there are no conclusions. There are only ceremonial conclusions accompanied by agreements to withdraw troops--which does not translate into a legal requirement to repatriate Gitmo's captives.
Members of these organizations are are not held as POWs. They are held and classified as unlawful combatants. There has not been (and will not be) any formal end to hostilities like history has known. Instead, we've seen agreements that say occupations are ending and troops are being withdrawn, but nothing that states hostilities are formally ended and peace is obtained like most people expect to be in place. This has a lot to do with not bothering to be in declared states of war any longer, because that opens states up to massive legal consequences and responsibilities that states, particularly the US over the last 50 years, are particularly interested in avoiding.
> What else is the US supposed to do? These men didn't necessarily commit crimes - prisoners of war are simply fighting for their country or side.
Charge them with crimes and provide evidence of their guilt or release them. Many detainees have not been "simply fighting for their country or side", which is why they are not POWs. They have been classified as unlawful combatants, removing their legal protections and dooming them to permanent incarceration.
> Try them? You're not really supposed to charge prisoners of war with a crime. I mean I guess that you can, but why?
You absolutely are supposed to charge POWs with a crime or immediately repatriate them upon conclusion of hostilities. But, again, these are not POWs. The US has gone to great pains to deny that protection, opting instead for a policy that affords them what we are supposed to accept as POW privileges in place of, you know, the rule of and fidelity to law. And because there are no official peace agreements that will ever be made for a war that was never declared, there is little chance we will ever see these prisoners released at the conclusion of hostilities--because there are no conclusions. There are only ceremonial conclusions accompanied by agreements to withdraw troops--which does not translate into a legal requirement to repatriate Gitmo's captives.