Khalid Shaikh Mohammed should not be tried in American civil court. He should not be tried in any form of tribunal or military court. He should not be tried in the United States. Any person currently held at Guantanamo bay should be sent to trial at the International Criminal Court.
One might be able to argue at the ICC that Khalid Shaikh Mohammed‘s actions constituted an act of aggression as defined by the Rome Statute of the International Criminal Court. If it is determined that his crimes fall outside the scope of the court we need to pressure the court to expand their charge.
As of yet the United States has not joined the member countries of the ICC. If we are committed to the idea of providing fair trials than an International Court is perhaps the only way to go in cases like these. The only reason to try him in New York is to make sure that he gets less than fair treatment and so that you can execute him.
What do you think? Should we enlarge the scope of the ICC so that it can handle situations like these?