Tripoli or Somalia, or even our own coastal waters, the Navy in particular has a long tradition of teaching pirates how to dance in the air. The rules are a bit different these days, but the military tribunals are not kangaroo courts or star chambers, and have never been limited to trying soldiers of nations we're at war with. Those pirates were never official members of some other country's navy. Indeed, all those treaties we have like the Geneva Convention are designed to give special protection to enemy military personnel, not the other way around. Enemy militaries are assumed to be composed of decent men and women operating under strict rules and guidelines themselves, and thus our treaties are designed to hold them accountable only for violations of those treaties. An enemy soldier can be captured after shooting up dozens of our troops and expect three square meals a day and release after the conclusion of hostilities, because they followed the rules. The ones who break those rules can subject to summary execution, like spies. These various terrorists and insurgents don't follow those rules, and you want to give them access to our court system?

When we are talking about foriegners captured in foriegn lands by military forces, it is a clear case for military tribunals not civilian courts, the exact terminology decribing the person - enemy soldier, terrorist, enemy combatant, insurgent - are just word games and we all know it.