Swing - actually the recent decision to extend the cover of (some of) the Geneva Conventions to the Git-bay inmates goes a long way to re-establishing the moral high-ground to their incarceration (well, maybe not high-ground, more grassy knoll perhaps).
I completely agree that Hicks appears to be (from what little evidence has made it's way to the public forum) in no way an 'innocent', and he needs to answer for his activities in some way.
The difficult question is 'how long is too long' when it comes to laying charges against someone? The difficulty that our (Aussie) government had when proposing a 14-day period for terrorist suspects seems laughable when you consider Hicks et al