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.

Wehe 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.