That's soooo lame. The vast majority of detainees have been released or transferred to their home countries w/o facing a tribunal. They can be released at any time, at the whim of the POTUS.
Sure, how about we put them in your house? No?
The reason the Bushistas didn't proceed with tribunals is that they wanted convictions, not releases, and making that happen would have made any proceedings a transparent sham. A fair trial always includes the possibility of the defendant being found not guilty, and they weren't prepared to accept that. Better to make promises & obfuscate, keep on keepin' on.
Nope. The courts struck down every military commission Bush setup to find if there was any reason to keep the people so he could start releasing them.
First time, the courts said he needed approval from Congress.
Second time, Congress passed a law saying there could be tribunals. The courts struck it down because they did not like the wording.
Third time was the charm, and finally the tribunals could start (after a lengthy judicial review of the rules). Bush's term ended shortly after that. Obama has finally decided to start them back up (did this in March, 2011).
To his shame, Obama has done just that himself.
He decided not to use the tribunals for most of his administration, instead he kept them without any chance of them being released. Thankfully, he has restarted the tribunals so people who should not be there can be released. The others can be set for trial, either military or civilian depending on what they did.
Personally, I think we need to setup another Geneva Convention. This one to specifically decide what to do with Unlawful Combatants. The existing ones never expected global movements where the members refuse to abide by the existing conventions and therefor fall into the cracks. We need rules defined so that those who violate them can be punished. Hard to punish someone for not following a non-existant or exceedingly vague rule.