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So now it's up to us to prove that anybody we capture on a battlefield is a prisoner of war? That's mind boggling, but it's how I read that. Once you prove he's a prisoner of war, you can hold him as a prisoner of war...
I have a better idea; release him, and send him to Australia on a no fly list, and see how long it takes him to commit an act of terrorism in Australia, or to try and find a way to get right back to fighting alongside his "brothers". You see, of all the things in this discussion that really get in my head, the one thing that the "Free him" side of the discussion seem to overlook is that he chose to go to Afghanistan, he chose to "sign up" with the Taliban, and ultimately Al Queada. He chose to leave his wife and kids, convert to Islam, and pick up a rifle. Now, instead of allowing him to face the consequences, it's "Prove he was a soldier for enemy before you hold him as a POW".
Where was he captured? Did the CIA go to his home in Australia one night, and snatch him away from his wife and kids? No, he chose to abandon them to join the Jihad. What a hero...
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