Look how the New York Times make it a purely legal matter

"“I cannot sign this,” Commander Zazai said, thumping his crutch again. “I don’t know what that intelligence said; we did not see that intelligence. It is right that we are illiterate, but we are not blind.

“Who proved that these men were guilty?” No one answered because Commander Zazai had just touched on the crux of the legal debate that has raged for nearly a decade in the United States: Does the United States have the legal right to hold, indefinitely without charge or trial, people captured on the battlefield? His question also exposed a fundamental disagreement between the Afghans and the American military about whether people had been fairly detained. This is the latest chapter in America’s tortuous effort to repair the damage done over the last nine years by a troubled, overcrowded detention system that often produced more insurgents rather than reforming them. The problems were similar in the huge sweeps of suspected insurgents in Iraq."