It’s been more than a decade since 9/11, but we still haven’t figured out how to treat captured terrorists. The latest evidence comes from the extradition of Osama bin Laden’s son-in-law and onetime mouthpiece, Sulaiman Abu Ghaith. Arrested in Turkey, he was turned over to U.S. authorities in Jordan and flown to New York where he was remanded to federal custody. He will now presumably face trial in the Southern District of New York where many previous terrorists have been convicted for their crimes.
Odds are that Ghaith, too, will ultimately be found guilty by a jury that will not be terribly sympathetic to Osama bin Laden’s relatives. But other potential terrorists are not so easily convicted. That is why approximately 167 detainees remain at Guantanamo where they are held as unlawful enemy combatants, not as criminal defendants. Some of them will be tried by military tribunals; others will be held indefinitely until the cessation of hostilities. But no detainees have been added at Gitmo since 2006.



