I keep hearing people talk about how we need to charge prisoners in custody or let them go.
This is a symptom of the War on Terror as a Law Enforcement issue.
These prisoners are being held because of their involvement in armed conflict with US forces. They are not being held on suspicion of committing a crime. Throughout modern history, POWs have been detained until conflict was over. Prior to the 20th century, many countries simply sold them off as slaves or retained them as conscripts to help fight. Never have they been given access to lawyers or charged as criminals.
This war is a combination of military and police work, and each will be the prime focus at different times. But those who believe this should simply be a legal action need to ask themselves who will arrest Osama bin Laden, or who could have arrested Saddam.