Patterico has a roundup of his interviews about GITMO.
A quote from part 5 makes a telling point:
Third, to call Guantánamo a “gulag” is not only inaccurate, it’s (in my opinion) reprehensible. In war, under the rules of previous conflicts, anyone found to be an unlawful combatant could be executed on the spot by the decision of the ranking officer. There did not have to be a trial or proof beyond a reasonable doubt, just reasonable suspicion. We (the United States) conduct war to a higher standard of conduct because of our culture’s respect for life and the rule of law. These are the types of things that are used against us, turning our strengths against us.
To put it another way: in previous conflicts, these guys would have been shot as spies.