OG, The issue isn't about holding enemy combatants until the end of war as they should be but making the U.S. government show to a judge that those held are indeed enemy combatants.
UTD,
That is not correct. The Geneva conventions process prescribes military tribunals, not civilian courts. Enemy combattants are entitled to precisely the same process that any soldier would face in a court marshall. Enemy combattant are not "charged" with anything, nor are they entitled to civilian protections. This is the same whether they are housed on US soil, or directly off the battlefield.