Guantanamo ruling no victory for Hicks

It is worth remembering that Hicks was a professional Islamic holy warrior who fought for two jihadist movements that spurn every tenet of civilised warfare. And he was captured in an active combat theatre while bearing arms.

The Bush administration rightly believes it must be tough on today's war criminals to dissuade those of tomorrow.

While SCOTUS has blunted the sharp edge of American deterrence, the White House has indicated it is studying the possibility of reconstituting military commissions in compliance with the Supreme Court decision.

When all is said and done, the US still retains a powerful legal weapon against jihadist terror. Guantanamo will not be closing any time soon.