There are two completely separate issues relating to David Hicks.
The first is how he should be treated.
He offered his services to a group of militants who were/are a risk to our national security. From this point of view, he has a strong case to answer, even if there is no law on our books that makes it possible. In an ideal world, such a law should have been created, and he should have had his day in court being tried against it - here in Australia. He continues to have a case to answer.
The second issue is about the treatment of an Australian who is in the custody of a foreign power. He was held without trial for five years. Irrespective of what he did, this was simply wrong.
The two issues are muddied. It is possible to condemn his actions, as I do, but also to condemn the way his case was handled. Condemning the way he was treated doesn’t mean that I support his actions.
What we are left with is a complete mess - no trial, no recognition of habeus corpus, and no real closure.