Now that the 9/11 conspirators are being put on trial in New York rather than before military tribunal in Guantanamo, the question of jurisdiction arises.
After WWII, German soldiers were not tried in the US, and in fact the US Supreme Court rejected their appeal. Now Muslim soldiers—or, perhaps generals—will be tried as gangsters, which they are emphatically not.
Israel similarly sentences enemy guerrillas and terrorists to jail, though legally speaking, they must be interned—or better yet, shot on sight.
