The supreme court has just ruled that the White House cannot use it's current model of military tribunals for terror detainees in Guantanamo. I don't think the White House expected to win this one, but it's going to be interesting to see where we go from here. They don't want to set them free, and nor do they have to, but it looks like they may have to go trial. They've said they don't want to do this because of fear of releasing sensitive information on Al-Qaeda.
I was wrong before though, they can still use a military trial, just not a tribunal. Essentially the ruling is that the administration has to follow the Geneva convention.
Congress may have to get involved, and that could make this a big mess. Expect lots of posturing from both sides.
My question is DOES Al-Qaeda have Geneva convention protection? They're not a country, they don't adhere to the Geneva convention themselves, and we have no treaty with them...???