Victor Davis Hanson makes this point here. The US justice system has had a Gitmo full of terrorists for ten years and they have not done squat, other than grilling them. Osama bin Ladin was shot resisting arrest partly because every one feared some US judge would set him free after capture.
We ought to be able to bring captured terrorists before a reliable tribunal that will conduct a public televised trial with the purpose of convincing the entire world that defendant so-and-so deserves what we are going to give him. The tribunal needs to be able to sentence enemy soldiers, those who merely carried packs and rifles under orders, to indefinite confinement, even if they are otherwise innocent of crimes.
It's worth letting the enemy know that capture isn't an automatic death sentence. The enemy is more likely to surrender if he thinks he has a chance of surviving captivity. If the enemy thinks the Americans will just waterboard him and bury him at sea, they are apt to fight to the bitter end.
The tribunal has to allow captured terrorists to be grilled for intelligence, grilled harder than usual police practice, and still put them on trial, and use the intel they furnished under duress against them.
It has been ten years since 9/11 and we don't have a method of dealing with captured terrorists. So we shoot them.
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