Not that I have a problem with that, really. The real problem is that our legal categories haven't caught up with reality. Regular criminals we catch, try and imprison. But soldiers of an enemy nation we shoot on sight... unless they surrender, in which case we're obliged to keep 'em as POWs until hostilities end and then return them to the other country. Unless they're not legit combatants (e.g. they're spies or saboteurs or otherwise not dressed in proper military uniforms) in which case we can declare 'em illegal combatants and shoot them.
That's the way it used to be, but now that we live in a world where non-state organizations make war against states (well, war against everything) there's a need for some new legal classification. If you're a real honest-to-Allah member of Al Qaeda then I don't think that the civilian "release 'em until they actually kill someone then try 'em for murder" is a good strategy. On the other hand "kill 'em as soon as they pop their head up" has too high a risk of false positives.