There is only one form of justice that Al-Qaeda understands and it generally comes from the pointy end of an A-10 Thunderbolt. We (an by we I mean American politicos at large) can argue for days about the pros and cons of a military tribunal or a civil trial but in the long run neither will have a great impact on the long term goals in a war on terror.

Al-Qaeda will declare a psychological victory regardless of the outcome — even if it is unfounded and even if they lose in the American military or civil judicial system. They will not respond or react to a civil or military trial and as many would agree in neither case does it amount to a deterrence to terrorism. In the long run, these judicial trials are done for ourselves.