This is why I've said that foreign nationals caught doing terrorist acts overseas should be interrogated in theater and then summarily executed in same....
That's homicide under military law, international convention, and US law.
The idea that you could ever "summarily" (in modern parlance) execute people is myth. A "summary offence" at common law is one where you get a trial, but not by jury. This is what used to happen to spies and irregular forces; they got trials.
Monkeyleg,
We only know for certain that a judge decided it was sufficiently close to torture to throw it out. He would be making that decision on the same standard as a military commission.
The real issue here isn't military commission versus civilian trial - the reality is that the outcomes will be the same for both if either is properly constituted. Most who advocate commissions seem to do so on the basis that they believe a commission will rubber stamp the government's accusations; that is a serious problem.