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The act of terrorism is not a new form of deviance or bravado. Yet since 9/11, it has been treated as a form of 'war' rather than as 'crime'. This distinction has served to legitimize terrorist organizations objectives, weaken the rule of law, converge the military and traditional criminal justice system models in adjudicating terrorists, and call into question the reach humanitarian law has in this convergence. This article examines the development of indefinite detention as it has been used in the 'War on Terror' and argues that the American criminal justice system holds the key to resolving many of these aforementioned issues. Thus, a divergence of military and criminal justice models is necessary if we are to preserve constitutional safeguards and exemplify both a strong and unified response to terrorism, while simultaneously exhibiting the standards of an evolving society under the paradigm of Just War.