Artful Dodger: Perhaps you should read back to WWII

http://www.spectacle.org/yearzero/tribunal.html

"....Unlike Quirin, which was unanimous, two justices dissented in Yamashita. Justice Murphy argued that the Fifth Amendment guarantee of due process applied to enemy belligerents:

The immutable rights of the individual, including those secured by the due process clause of the Fifth Amendment, belong not alone to the members of those nations that excel on the battlefield or that subscribe to the democratic ideology. They belong to every person in the world, victor or vanquished, whatever may be his race, color or beliefs. They rise above any status of belligerency or outlawry. They survive any popular passion or frenzy of the moment. No court or legislature or executive, not even the mightiest army in the world, can ever destroy them. Such is the universal and indestructible nature of the rights which the due process clause of the Fifth Amendment recognizes and protects when life or liberty is threatened by virtue of the authority of the United States.

Justice Murphy concluded that the defendant "was rushed to trial under an improper charge, given insufficient time to prepare an adequate defense, deprived of the benefits of some of the most elementary rules of evidence and summarily sentenced to be hanged." He said that the use of military tribunals to try a "fallen enemy commander" formed part of a cycle of vindictiveness and retribution and represented an abandonment of American ideals. "To conclude otherwise is to admit that the enemy has lost the battle but has destroyed our ideals."....."