If it's war, as I agree it was, surely he should have been treated as a POW, which he was not? Contrary to what Tom Z seems to think, the American invasion of Afghanistan was legitimate----the Taliban government, which protected bin Laden and provided material aid for his terrorist attack on the United States, insolently and flippantly refused to surrender him for criminal prosecution,  However,  those members of the Taliban and al Quaeda who played no part in the 9/11 terrorist attacks but simply engaged in resisting the invasion were enemy combatants, not criminals, and certainly not war criminals. They weren't regular army soldiers, but that is what they most closely resembled in their activity, not criminals, and the activity they were engaged in was not terrorist activities, and when captured, treated, they merited treatment as POWs, including no torture. Khadr was also an underage  POW,  an important consideration, but not quite a get out of prison free card until the war ends.