Habeus v Terrorist's

The Senate is preparing to restore the habeus corpus rights of terrorist that were formally suspended with the Military Commissions Act of 2006. I fully agree with this but I still feel we need to deal with known terrorist in a legal manner. We can't just release them if we know they will commit terrorist acts against us, especially if the reason we detained them in the first place was because they were committing terrorists acts. We must be aware of the fact that there are real bad guys out there who want to cause as much death and destruction as possible.
My answer to this is an actual declaration of war, by congress, against Al Queada and any other terrorist group that openly and publicly portends to wage war against the U.S. Why a declaration of war? I believe that this would safeguard habeus corpus and still give us the ability to hold these prisoners as 'prisoners of war'. Further this would give ligitamacy under the Geneva Conventions and we could close Gitmo. Still further, extraordinary rendition would cease because at that point we could bring prisoners to a 'real' Military Commission to ascertain their status as POWs. I know this simple, absent of nuance idea is unique, but we cannot let go actual bad guys to have them come back to haunt us.