>>2-13 are irrelevant in the first place, because this is not a question of criminal law at all. These are not criminals, this is not a matter for law enforcement.
These are terrorists captured in the act. Under classical international law the solution for what to do with pirates, terrorists, guerillas, and other bandits is quite simple. Hang them all and be done with it.
I recommend reading "Elements of International Law" by George B. Davis, 1908. It can be read gratis at Google Books.
http://books.google.com/books?id=jJsBAAAAYAAJ&printsec=titlepage&source=gbs_summary_r&cad=0
Of course, as it is rather a long book, written with many big words, I strongly doubt most of you will even go to the page. It's more fun to yell DERP DERP DERP BUSH IZ SOSHALIST PENIS PENIS PENIS DAT BEEZ RACISMS, isn't it?