Perhaps its all in the trade-offs? What ever is gained by using military force, is lost to the processes that define the character of Justice. The Nation may have evidence of guilt, but there has been no trial, no jury, no judge, no verdict. It is outside our basic concepts and processes of justice and law. Justice is inequatible with what is going on except as an ideal.
War is traditionally fought between nations, so this indeed is a "new" war. We are attacking the talibon and el queda not Afganistan (supposedly). *shrug* The Taliban have a notion, but they are not a nation. The military action going on in afganistan only seems like war, its really bomb practice.
No nation in particular actually attacked on 9-11, the el queda is an international terrorist group among others. The supposed military aims are far broader that the Afgan border. I am curious for phase two and three, this "new" war is panning out like the gulf war so far. Bomb, airstrike, bomb ect. boring
but, all the stories haven't been told.......
If by some unlikely happening Bin Ladin was tried in an American court, there is little doubt in my mind of his execution, not necessarily by the state.