I agree that we treat them better than they would us.
I do think most people being brought in are guilty.
I still think there should be a trial though. You never answered the question. Why not have a trial? You have the evidence, so what's wrong with presenting it? Truth is the more you push the idea of these people not having a trial, the more you have people considering the possibility that they're innocent.
A trial under what laws? We cannot try them under our laws. Our soldiers who capture these people are not police officers. They do not handle evidence. They do not mirandize. They take Prisoners of War.
These are all illegal combatants. They are entitled to a bullet between the eyes. Nothing more.
In most sports, cold-cocking an opposing player repeatedly in the face with a series of gigantic Slovakian uppercuts would get you a multi-game suspension without pay.
In hockey, it means you have to sit in the penalty box for five minutes.