Is it ethical to have an unjust, draconian law that detains criminals without trial?
No, it is not unethical. The ethics approved by the Geneva Convention that deal with “unlawful combatants” is different than for other combatants. Hundreds who we determined to be truly innocent were released, and for the last three years only men who have some guilt or complicity in actions against the U.S. have been held as “unlawful” combatants. “A combatant is someone who takes a direct part in the hostilities of an armed conflict. If a combatant follows the law of war, then they are considered a privileged combatant, and upon capture they qualify as a prisoner of war under the Third Geneva Convention (GCIII). If a combatant does not follow the law of war (like terrorists), then they are considered an unlawful combatant[1][2], and upon capture they do not qualify for prisoner of war status.[3]” http://en.wikipedia.org/wiki/Combatant As men who do not follow the Geneva Convention Laws of War, they do not qualify for